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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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

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  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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