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Judges halt enforcement of challenged laws

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Two federal judges issued preliminary injunctions June 24 preventing parts of two new controversial laws regarding immigration and funding of Planned Parenthood of Indiana from being enforced.

U.S. District Judge Tanya Walton Pratt granted two of the three preliminary injunctions Planned Parenthood of Indiana and other plaintiffs sought regarding House Enrolled Act 1210. The law prohibits any entity that performs an abortion – with an exception for hospitals – to receive state funding for health services unrelated to abortion. That provision went into effect when signed by Gov. Mitch Daniels on May 10. The plaintiffs also challenged the informed consent information that abortion providers have to give to patients – a fetus can feel pain before 20 weeks of gestation and human physical life begins when a human ovum is fertilized by a human sperm.

In the 44-page decision in Planned Parenthood of Indiana Inc., et al. v. Commissioner of the Indiana State Department of Health, et al., No. 1:11-CV-630, Judge Pratt addressed the plaintiffs’ arguments relating to the “freedom of choice” provision in the Medicaid statute and whether the defunding provision is preempted by federal law. She found the plaintiffs established a reasonable likelihood of success on the merits of the “freedom of choice” argument and on the preemption argument as it relates to Disease Intervention Services grants PPIN receives from the state Department of Health to test for sexually transmitted diseases.

“HEA 1210 has already affected PPIN in tangible ways. HEA 1210 has and will continue to dramatically affect PPIN’s operations,” wrote Judge Pratt, citing PPIN’s estimates it will have to close seven health centers and lay off 37 positions if the law stands. “These circumstances warrant granting a preliminary injunction.”

Regarding the language abortion providers must use, Judge Pratt ruled against the plaintiffs on the argument that “human physical life begins when a human ovum is fertilized by a human sperm” violates their First Amendment rights. She did rule in favor of the plaintiffs on their argument that telling clients that the fetus feels pain at 20 weeks or earlier would constitute impermissible compelled speech.

The same day Judge Pratt released the Planned Parenthood decision, Judge Sarah Evans Barker issued a preliminary injunction in Ingrid Buquer, et al. v. City of Indianapolis, et al., No. 1:11-CV-708, in favor of the three immigrants residing in central Indiana who sued to stop enforcement of two provisions of Senate Enrolled Act 590. The new law amended statute to allow state and local law enforcement officers to make a warrantless arrest of a person when the officer has a removal order issued for the person by an immigration court, a detainer, or notice of action issued for the person by the U.S. Department of Homeland Security, or has probable cause to believe the person has been indicted for or convicted of one or more aggravated felonies. The law also creates a new infraction for any person other than a police officer who knowingly or intentionally offers or accepts a consular identification card as a valid form of ID for any purpose.

Although this law has not yet taken effect and the plaintiffs haven’t suffered a direct injury based on the law, they have established that they will be subject to arrest if and when the law takes effect. Section 19, regarding the warrantless arrest, is susceptible to only one interpretation – it authorizes the warrantless arrest of persons for matters and conduct that are not crimes. This contravenes the Fourth Amendment, so this section would be unconstitutional, wrote Judge Barker. She also found this section is preempted by federal law.

She ruled Section 18, dealing with the consular identification cards, appears to directly interfere with the rights bestowed on foreign nationals by treaty.

“Although we do not dispute that the stated purpose of ensuring the reliability of identification of individuals with the state and preventing fraud against the state is a legitimate governmental purpose, the breadth of the limitation imposed by Section 18, to wit, preventing any person (other than a police officer) from either knowingly presenting or accepting a CID as a valid form of identification for any purpose far exceeds its stated purpose and therefore is not rational,” she wrote.

The plaintiffs will suffer irreparable harm if a preliminary injunction is not issued, Judge Barker ruled, and she said the injunction is in the public interest. The judge preliminarily enjoined the defendants from enforcing sections 18 and 19 of the new law until further order of the court.

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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