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7th Circuit hears Planned Parenthood, JLAP appeals

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The 7th Circuit Court of Appeals heard two arguments in Indiana cases Oct. 20, one about how the state’s Medicaid money goes to Planned Parenthood and a second suit involving a man who claims he was discriminated against by being referred to the Judges and Lawyers Assistance Program when applying to take the Indiana bar exam.

In the case of Planned Parenthood of Indiana v. Indiana, No. 11-2464, the state is asking the appellate court to reverse a decision earlier this year by Judge Tanya Walton Pratt in the Southern District of Indiana granting an injunction against the state defunding Planned Parenthood.

Ken Falk, legal director of the American Civil Liberties Union of Indiana, argued that the state can't selectively choose which organizations can provide medical services.

"Our argument is that Medicaid is quite clear. You can regulate providers based on fraud, competence and what have you, but what the state has said is we can regulate for all these other reasons," he said. "This is the reason we are choosing to regulate now, and that violates a specific provision of the Medicaid act, and that is freedom of choice."

Indiana Solicitor General Tom Fisher stressed that the state has a duty to taxpayers to ensure the Legislature's wishes are honored.

"Our Legislature decided that to preserve the integrity of our taxpayer dollars in Medicaid, it did not want facilities that perform abortions to receive Medicaid dollars," he said. "In that circumstance, those taxpayer dollars effectively subsidize the abortion. That's why they passed this law, and that's why we're here defending it."

Judge Diane Sykes hinted at her thoughts on the case during her questioning.

"The fact that Planned Parenthood performs abortions doesn't have anything to do with the quality of the medical process," she said. "It's not akin to fraud. . . . The problem I have with the state's interpretation of the phrase 'qualified' is that it's infinitely elastic. It can mean anything the state wants it to mean."

The court panel took the case under advisement after the 45 minutes of arguments, before turning to other cases that included another Hoosier lawsuit.

In Bryan Brown v. Dr. Elizabeth Bowman, Terry Harrel, et al., No. 11-2164, from the Northern District of Indiana, the three-judge appellate panel analyzed the case of an Allen County man who’s suing the state because he was denied the chance to take the bar exam here after an evaluation by the JLAP that screened him out. Brown alleges it was because of his religious beliefs.

In March, Judge Theresa Springmann dismissed Brown’s case and found that precedent prevents her as a federal judge from addressing what was a state-court action prohibiting his admission. She relied on the Rooker-Feldman doctrine that involves two rulings from the Supreme Court of the United States in 1923 and 1983, which together hold District courts lack jurisdiction over lawsuits from state-court losers and that any jurisdiction remains solely with the nation’s highest court. In Brown’s case, the SCOTUS has already denied his petition for writ of certiorari.

Now, Brown is asking the 7th Circuit to overturn Springmann’s ruling and find the Rooker-Feldman doctrine doesn’t apply to his case. Brown raises questions about the scope of the doctrine and the reach of expert witness immunity, based on his contentions that defendants in this case weren’t properly sworn in under oath and therefore are prevented from being dubbed “witnesses” as required by the state.

The state’s attorney told the panel that Brown was given full due process when the Indiana Supreme Court reviewed his bar application and denied it and the issue cannot now be reviewed because these claims were already heard in the judicial process at the state level.

Brown represented himself before the 7th Circuit, asking the panel to overturn the ruling and adopt the rationale spelled out in a past dissent by Justice John Paul Stevens calling for a scaling back of the Rooker-Feldman doctrine.

The judges asked few questions during the 15-minute argument, and both sides were mostly able to spell out the arguments they’d made in their previously filed briefs.

“This is built on the idea that I’d seen an evil eye and uneven hand in the way I was processed,” Brown said. “I was treated in a way in which shouldn’t be done in America.”
 

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  • Appreciate the coverage
    I will post my oral argument at www.archangelinstitute.org later in the weekend. Briefing available there. My case is one documenting political correctness on steriods. Ideology should not matter in bar application cases -- but it very much did in mine.

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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