Federal Appeals Judge Jerry Smith says there is sufficient evidence the state law excluding Planned Parenthood from receiving money as part of the Texas Women’s Health Program is unconstitutional. The Texas Health and Human Services Commission says it will "comply with the court order as the case proceeds."

"We also will continue to work toward a state program that provides women with access to vital family planning services and complies with the law that bans abortion providers from getting those funds," HHSC said in a statement.

Planned Parenthood said their doors will remain open tomorrow.

"This case isn’t about Planned Parenthood — it’s about the women who rely on us
for cancer screenings, birth control, and annual exams, Sarah Wheat, Interim Co-CEO of Planned Parenthood of the Texas Capital Region said in a statement. "We won’t let politics interfere with the health care that nearly three million people a year rely on Planned Parenthood for in Texas and around the country."

A trial date will be set during a hearing in district court on May 18.

The same judge sided with the state earlier this week with a stay to the injunction decided on Monday. Judge Smith had said he granted a stay so he would have more time to review the law.

State officials say if Texas is forced to include Planned Parenthood in the WHP they could shut down the program all together.

The Associated Press contributed to this report.