The Department of Justice is
backing Planned Parenthood in its lawsuit challenging Louisiana Gov. Bobby Jindal's decision to take state Medicaid funding away from the organization.
In a court filing, the agency said the Jindal administration hasn't offered "sufficient reasons" to keep Planned Parenthood Gulf Coast's clinics in New Orleans and Baton Rouge from receiving Medicaid payments.
Removing Planned Parenthood from the Medicaid program "without providing any justification related to (the organization's) qualifications to provide medical services would violate Louisiana's obligations under the Medicaid statute's 'free choice of provider' provision," the Justice Department wrote.
The legal brief, called a "statement of interest," was filed Monday night ahead of a Wednesday hearing to determine whether Planned Parenthood will get a temporary restraining order blocking Jindal's efforts.
The Jindal administration argues that state law allows it to cancel a Medicare provider agreement with just 30-day notice. Federal Medicaid law, however, demands that the state show that a provider isn't able to perform Medicaid services, properly bill them, or has committed fraud. The Justice Department says the state's claim is "wholly without merit," and that "States do not have unfettered discretion to determine that a provider is not 'qualified' for purposes of federal Medicaid law."
Funding to the two Lousiana Planned Parenthood affiliates—which do not provide abortions, by the way—could end Wednesday if the judge doesn't grant the temporary restraining order.