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Indiana wants ban on abortion pill law lifted

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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.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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