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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. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  2. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  3. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  4. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  5. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

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