ILNews

7th Circuit affirms block on Planned Parenthood defunding

Back to TopCommentsE-mailPrintBookmark and Share

An injunction against an Indiana law that blocks state Medicaid funding for Planned Parenthood has been upheld by the U.S. 7th Circuit Court of Appeals.

In Planned Parenthood of Indiana, Inc., et al. v. Commissioner of the Indiana State Department of Health, et al., 11-2464, the court affirmed the decision by U.S. Judge Tanya Walton Pratt, of the U.S. District Court for the Southern District of Indiana, who granted a preliminary injunction against enforcing I.C. 5-22-17-5.5(b) that bars providing state or federal funds to “any entity that performs abortions or maintains or operates a facility where abortions are performed.”

Immediately after the defunding law was enacted in 2011, Planned Parenthood of Indiana and several plaintiffs filed this lawsuit seeking to block the law’s implementation. The law prohibits abortion providers from receiving any state-administered funds, even if the money is earmarked for other services.

The appellate court held that Medicaid grants individual rights enforceable under U.S.C. Section 1983. The ruling was less clear with regard to the law’s efforts to prevent federal block-grant dollars from being provided to Planned Parenthood. The court held that the District Court likely erred in ruling in favor of Planned Parenthood on that issue, finding the block-grant program does not create actionable rights under U.S.C. Section 1983.

Judge Richard Cudahy joined the majority in other aspects but dissented on that point, writing, “I believe the issue of unconstitutional conditions should be remanded to the district court for development of the record with respect to any possible imposition of a burden on access to abortions.”

Writing for the majority, Judge Diane S. Sykes wrote, “Planned Parenthood is likely to succeed on (the Medicaid Act) claim. Although Indiana has broad authority to exclude unqualified providers from its Medicaid program, the state does not have plenary authority to exclude a class of providers for any reason — more particularly, for a reason unrelated to provider qualifications.

“The defunding law excludes Planned Parenthood from Medicaid for a reason unrelated to its fitness to provide medical services, violating its patients’ statutory right to obtain medical care from the qualified provider of their choice.”

Indiana Attorney General Greg Zoeller said in a statement that the 49-page decision was being reviewed to determine how best to proceed with defending the statute.

“The people’s elected representatives in the Legislature decided they did not want an indirect subsidy of abortion services such as payroll and overhead to be paid with taxpayer’s dollars and so crafted this law. Although the injunction concerning Medicaid funding was not lifted, we note that the 7th Circuit found the state has the legal authority to decide how federal block-grant dollars – which are tax dollars – will be distributed.”

The case goes back to Walton Pratt for modification of the injunction.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  2. Do you know who the sponsor of the last-minute amendment was?

  3. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  4. My husband left me and the kids for 2 years, i did everything humanly possible to get him back i prayed i even fasted nothing worked out. i was so diver-stated, i was left with nothing no money to pay for kids up keep. my life was tearing apart. i head that he was trying to get married to another lady in Italy, i look for urgent help then i found Dr.Mack in the internet by accident, i was skeptical because i don’t really believe he can bring husband back because its too long we have contacted each other, we only comment on each other status on Facebook and when ever he come online he has never talks anything about coming back to me, i really had to give Dr.Mack a chance to help me out, luckily for me he was God sent and has made everything like a dream to me, Dr.Mack told me that everything will be fine, i called him and he assured me that my Husband will return, i was having so many doubt but now i am happy,i can’t believe it my husband broke up with his Italian lady and he is now back to me and he can’t even stay a minute without me, all he said to me was that he want me back, i am really happy and i cried so much because it was unbelievable, i am really happy and my entire family are happy for me but they never know whats the secret behind this…i want you all divorce lady or single mother, unhappy relationship to please contact this man for help and everything will be fine i really guarantee you….if you want to contact him you can reach him through dr.mac@yahoo. com..,

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

ADVERTISEMENT