Indiana files appellate brief in Planned Parenthood case

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The Office of the Indiana Attorney General filed its appellate brief Monday asking the 7th Circuit Court of Appeals to lift a preliminary injunction against parts of the new abortion-provider law cutting public Planned Parenthood funding.

In the 55-page brief, Attorney General Greg Zoeller asks the appellate court to reverse the June 24 injunction issued by U.S. Judge Tanya Walton Pratt in the Southern District of Indiana. Her order barred Indiana from cutting Medicaid funds to the organization because it provides abortions despite those services being funded separately from the taxpayer money it receives.

Zoeller says federal Medicaid officials, not the courts, should determine the law's legality and the administrative review process should be followed.

“The federal government reimburses States whose Medicaid plans conform to the Medicaid Act and may refuse to issue grants to States with non-compliant plans. But a non-compliant plan, while perhaps ineligible for federal reimbursement, does not ‘violate’ any federal law, let alone violate federal rights,” the brief says. ”Establishing a non-compliant plan is akin to lowering the drinking age to 18 and risking a diminished share of federal highway funds.”

Overall, the brief makes several arguments, including the federalist argument that the Medicaid Act expressly gives states authority to establish provider qualifications and that the federal law doesn’t impose legal duties or rights on those states and providers. The Contract Clause also permits states to alter the terms of their welfare and regulatory programs, the attorney general argues.

A hearing on the Medicaid appeal is scheduled for Sept. 13 in the Chicago-based appellate court.


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  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.