On August 21, 2012, the Court of Appeals for the Fifth Circuit overturned the lower court and lifted the preliminary injunction, reasoning that “Texas’s authority to directly regulate the content of its own program necessarily includes the power to limit the identifying marks that program grantees are authorized to use” and therefore, “Texas may deny WHP funds from organizations that promote elective abortions through identifying marks,” such as the Planned Parenthood name and logo. 43 Although the Fifth Circuit’s decision was limited to the preliminary injunction and it remanded the case to the district court, its.
