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Just in: The 5th Circuit vacated a preliminary injunction that had blocked Texas from ending Medicaid provider agreements with Planned Parenthood, and sent the case back for review under a different standard (warning: the opinion includes a graphic image) assets.documentcloud.org/documents/5688… 
Texas had decided to end the Medicaid agreements with Planned Parenthood after undercover videos came out about how Planned Parenthood disposed of fetal remains
The 5th Circuit panel found that the district judge wrongly considered evidence that wasn't presented through the administrative review process, and on remand said the judge had to apply an "arbitrary and capricious" standard of review that gives more deference to the agency
The panel said they were bound by circuit precedent to find the individual plaintiffs had a private right of action to challenge the termination of PP's Medicaid contracts, but Judge Edith Jones in a concurrence urged the en banc court to reconsider that
