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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. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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