For Doe, his anti-abortion backers and Paxton, though, the doily-ness of the argument hardly matters. Bringing it in the first place is a win-win. At best, they’ll get the greenlight from Kacsmaryk and the 5th Circuit, forcing Planned Parenthood to put its best hope for survival in the Supreme Court. At worst, they’ll force Planned Parenthood to spend heavily to stave off the legal onslaught in the meantime. Other states have attempted to curtail or end Planned Parenthood’s Medicaid access as well, perhaps paving the way for copycat efforts down the line.
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