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Planned Parenthood's request for restraining order denied

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Judge Tanya Walton-Pratt has denied Planned Parenthood of Indiana's request for a temporary restraining order barring the enforcement of a law signed by Gov. Mitch Daniels on Tuesday.

Planned Parenthood asked the federal judge to issue a temporary restraining order preventing the enforcement of certain provisions of House Enrolled Act 1210. The new law prohibits the state from entering into a contract or giving funds to any entity that performs abortions, and also immediately cancels any existing contracts.

The American Civil Liberties Union of Indiana filed the suit in the Southern District of Indiana on behalf of Planned Parenthood, two women who utilize the clinic’s non-abortion services, and two medical professionals involved in performing abortions at the clinic. The suit is Planned Parenthood of Indiana Inc., et al. v. Commissioner of the Indiana State Department of Health, et al., No. 1:11-CV-630.

Planned Parenthood maintains that although it does provide abortions, no state or federal money goes toward its abortion services. It says it is the largest, if not the only, entity in Indiana that is subject to loss of funding because of the law. Planned Parenthood is a provider of family planning and related services under Medicaid and the suit alleges that the new law will restrict where Medicaid recipients can receive family planning services and preventative care.

Planned Parenthood says because of the loss of the grants, it estimates it will lose more than $1 million, will have to close 13 of its health centers, and will be forced to lay off 52 full-time employees.

The plaintiffs argue that HEA 1210 violates the Contract Clause of the United States Constitution, the Medicaid Act, the statue is preempted by federal law, and the law imposes an unconstitutional condition and is invalid.

Dr. Michael King and Carla Cleary, a certified nurse midwife, also challenge the language in the new law requiring patients to be told that human physical life begins at conception and that there is objective scientific evidence that the fetus can feel pain at or before 20 weeks. The suit contends this violates the First Amendment rights of the plaintiffs.

In addition to the temporary restraining order, the plaintiffs asked Judge Tanya Walton-Pratt to issue a preliminary and, later, permanent injunction enjoining the defendants from enforcing the challenged provisions of HEA 1210. In a statement on the organization's website, Planned Parenthood of Indiana's President and CEO Betty Cockrum said the organization is disappointed that the judge didn't stop the law. Judge Walton-Pratt set a hearing on injunction for June 6.

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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