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Federal judge blocks Indiana abortion-drug law

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A federal judge Tuesday granted an injunction blocking enforcement of an Indiana law that would have required Planned Parenthood clinics that provide abortion-inducing medications to also meet the requirements of clinics that perform surgical abortions.

Planned Parenthood of Indiana and Kentucky sued the state and won a preliminary injunction against Senate Enrolled Act 371 that was signed into law May 1 by Gov. Mike Pence.

Judge Jane Magnus-Stinson of the U.S. Court for the Southern District of Indiana in Indianapolis ruled Planned Parenthood was likely to prevail on its pleading that Indiana Code § 16-18-2-1.5(a)(2) violates equal-protection guarantees because it divides providers of medication abortions into two groups – abortion clinics and physicians offices – and places different requirements on them.

In the case of Planned Parenthood’s Lafayette clinic, the law required the clinic to meet the same physical plant requirements of facilities that perform surgical abortions, even though that clinic doesn’t do so.

“The State has not presented a rational basis for distinguishing between medication abortion providers in this way, particularly when considering the statutory ambiguity between the terms ‘abortion clinic’ and ‘physician’s office,’” Magnus-Stinson wrote in granting a preliminary injunction in Planned Parenthood of Indiana and Kentucky Inc. v.; Commissioner, Indiana State Department of Health, et al., 1:13-cv-1335-JMS-MJD.

According to the judge, without an injunction, Planned Parenthood would have to determine whether it would cease providing abortion-inducing pills or modify the Lafayette facility. “Given (Planned Parenthood’s) strong likelihood of success on the merits of its equal protection claim, the Court concludes that the balancing of harms favors issuing a preliminary injunction,” she wrote.

Attorney General Greg Zoeller’s office defended the statute and in a statement after the ruling noted that Planned Parenthood didn’t prevail on other claims for injunctive relief.

“This new law reflects the policy judgment of Indiana legislators elected by our citizens.  The Court’s decision faulting the law for treating nonsurgical abortion clinics different from physicians’ offices must be thoroughly reviewed. Because of the narrow ruling, we will consult with our clients and decide how next to proceed,” Zoeller said.

 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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