(AUSTIN, Texas) — A federal appeals court panel on Thursday lifted a lower-court ban that prohibited Texas from eliminating Planned Parenthood from the state’s Medicaid program. The 5th U.S. Circuit Court of Appeals in New Orleans issued the ruling that removes the preliminary injunction U.S. District Judge Sam Sparks of Austin imposed on the state of Texas in February 2017. The three appeals judges agreed that Sparks didn’t follow proper standard in deciding to impose the ban sought by five Planned Parenthood affiliates and seven individuals. The appeals court returned the case to Sparks to determine if the state has cause to end Planned Parenthood’s Medicaid participation under the program’s rules or if its actions were “arbitrary and capricious.” Texas health officials had accused Planned Parenthood officials of making a misrepresentation to investigators following the release of secretly recorded and heavily edited videos by an anti-abortion group in 2015.

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