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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. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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