U.S. District Judge Lee Yeakel today issued a preliminary injunction saying the state can’t bar Planned Parenthood from offering services through the Medicaid Women’s Health Program, pending his final decision in the case.

Yeakel set a scheduling conference for May 18, at which he expects parties to be prepared to discuss a trial date.

Planned Parenthood is suing over the state’s decision to exclude clinics associated with abortion providers from the program, even though the clinics themselves don’t provide abortions.

Planned Parenthood, which has been a big part of the program, said the provision violates its constitutional rights.

The state disagrees. Solicitor General Jonathan F. Mitchell said during a hearing on the case that the state would have to end the program if Planned Parenthood won its legal battle to keep participating.

Yeakel, in his order granting the preliminary injunction, said Planned Parenthood affiliates had satisfied the legal burden necessary “to be entitled to maintain the status quo that exists between them and the State of Texas, pending this court’s determination of the merits of Plaintiffs’ allegations.”

That legal standard includes proving “a substantial likelihood of success on the merits of their claim.”

“In balancing the relative harm to the parties and the court’s concern for the interest of the public, the court is particularly influenced by the potential for immediate loss of access to necessary medical services by several thousand Texas women,” Yeakel wrote.

Yeakel noted that federal funds are being phased out for the program because federal officials say the ban on Planned Parenthood violates federal rules.

“Although the Governor (Rick Perry) has instructed that the program is to continue fully funded by Texas, the current record gives the court no comfort that funds are or will be available to continue the program after the phase out of federal funds,” Yeakel.

In an affidavit filed earlier with the court, Executive Commissioner Thomas Suehs of the Health and Human Services Commission had said that he has a duty to ensure the program operates in compliance with state law.

Citing the federal government’s decision to end its participation and efforts to continue program services with state funding, Suehs said if Planned Parenthood received an injunction, “state law will require the Commission to cease operating the Program upon termination of federal funding and the Commission will not introduce a similar successor program unless otherwise directed by the Legislature.”

Melaney A. Linton, President and CEO of Planned Parenthood Gulf Coast, said in a statement, “Today’s ruling affirms what women have known all along: politics simply doesn’t have a place in women’s health.”

She added, “Of deep concern, however, is indication from Texas officials that they would rather end the entire Women’s Health Program, eliminating basic, preventive health care for more thatn 100,000 low-income women, than have Planned Parenthood continue to participate in the program.”

I’m seeking comment from the attorney general’s office, Perry’s office and the Health and Human Services Commission, and will update.

UPDATE: Attorney General Greg Abbott spokeswoman Lauren Bean said, “We are reviewing the ruling to determine our next step.”

ANOTHER UPDATE Here’s a statement from Catherine Frazier, Gov. Rick Perry’s press secretary: “Texas has a long history of protecting life, and we are confident in Attorney General Abbott’s appeal to defend the will of Texans and our state law, which prohibits taxpayer funds from supporting abortion providers and affiliates in the Women’s Health Program. We will continue to work with the Attorney General to pursue all available legal options.”

And Stephanie Goodman of the Health and Human Services Commission said, “We received the judge’s order and will comply with the ruling, but we remain confident that federal law gives states the right to establish criteria for Medicaid providers. We will work with the Attorney General’s Office to determine our next steps.

The attorney general’s office has filed a notice of appeal with the 5th U.S. Circuit Court of Appeals.

View the court documents