Indiana wants ban on abortion pill law lifted

Back to TopCommentsE-mailPrintBookmark and Share

An Indiana law that would require Planned Parenthood to stop performing drug-induced abortions at a Lafayette clinic or make significant upgrades to the facility wouldn't block women's access to the procedure, attorneys for the state contend.

The Indiana attorney general's office filed a brief late Monday supporting its request for summary judgment in the case. Both the state and the American Civil Liberties Union of Indiana asked U.S. District Judge Jane Magnus-Stinson to rule in their favor after she issued a preliminary injunction in November blocking the 2013 law from taking effect.

The law would require clinics that only perform drug-induced abortions to meet the same standards as those that perform surgical abortions by adding a recovery room and surgical equipment and making other upgrades. While some Planned Parenthood clinics in Indiana offer both procedures, the Lafayette clinic only performs drug-induced abortions.

The state's attorneys say that although the law might require some women to travel farther to obtain an abortion, that isn't illegal and the ACLU failed to show it would prevent anyone from seeking the procedure.

"The Supreme Court has never held that a woman is entitled to the abortion method of her choice," the state's attorneys argued.

The ACLU argued in its previous brief that the law would "irrationally" require clinics that offer medication-induced abortions to meet the same requirements as surgical clinics, whether or not they perform surgeries. But the law would not require doctor's offices that prescribe abortion pills to meet the same standards as long as abortion pills are not their main business, the group said. The ACLU said that violates the constitutional guarantee of equal protection.

The state argued in its brief Monday that legislators have the constitutional power to treat abortion clinics and physicians' offices differently.

Betty Cockrum, the head of Planned Parenthood of Indiana and Kentucky, said if the law is allowed to take effect, women in the Lafayette area seeking a drug-induced abortion would have to travel more than an hour to Indianapolis or to Merrillville in northwest Indiana to obtain one, because clinics there offer both drug-induced and surgical abortions. That would create a barrier to abortion for women, the ACLU contends.

If the state wins the case, Cockrum said Planned Parenthood would have to decide whether to convert the clinic so it could offer surgical abortions or to stop offering abortions there. But Planned Parenthood does more in the interest of reproductive health and contraception than offer abortions, she said.

"We will not close the Lafayette health center," Cockrum said.


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.