Texas and an anonymous anti-abortion activist made a joint court filing over the weekend, urging a federal judge to decide a $1.8 billion fraud lawsuit they brought against Planned Parenthood in their favor, saying a recent U.S. Supreme Court ruling strengthened the case.
The lawsuit was brought in 2021 by an anonymous plaintiff, identifying himself as the person who in 2015 releasedpurporting to show Planned Parenthood staff discussing the sale of fetal tissue.
Planned Parenthood sued over those decisions and won court orders blocking the states' terminations. Those orders were later lifted on appeal, allowing Texas to end its contract with Planned Parenthood in 2021 and Louisiana in 2022. The plaintiff claims that Planned Parenthood violated the federal False Claims Act by continuing to bill and collect payments from the state's Medicaid programs after it was originally terminated and failing to repay what it received after those orders were lifted.
Planned Parenthood noted that the states never asked for the money to be repaid and that it was allowed to keep billing them after winning court orders against the states. It had also pointed to a decision by the 5th U.S. Circuit Court of Appeals, which covers Texas and Louisiana, saying a defendant cannot be held liable for defrauding the government as long as its billing practices were supported by an "objectively reasonable" interpretation of the law.
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