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Date: 07-01-2016

Case Style: Planned Parenthood of Indiana and Kentucky, Inc., et al. v. Commissioner, Indiana Department of Health, et al.

Case Number: 1:16-cv-00763

Judge: Tanya Walton Pratt

Court: United states District Court for the Southern District of Indiana (Marion County)

Plaintiff's Attorney: Gavin Minor Rose, Helene T. Krasnoff, Jan P. Mensz, Jennifer Dalven, and Kenneth J. Falk for Plaintiffs

Anne Kramer Ricchiuto

Anthony Scott Chinn,

Juliana Yanez

for Intervenor Plaintiff

Defendant's Attorney: Heather Hagan McVeigh, Kenneth Biggins, Jr., Lara K. Langeneckert, Thomas M. Fisher for Commissioner, Indiana State Department of Health for The Trustees of Indiana University

Description: Indianapolis, IN - Federal Judge Enters Temporary Injunction In Favor of Plaintiffs In Anti-Abortion Legislation Challenge

Plaintiff Parenthood of Indiana and Kentucky, Inc., et al. sued the Commissioner, Indiana State Department of Health seeking a declaratory judge invalidating an Indiana anti-abortion law passed by the Legislature and signed by the Governor claiming that the law was unconstitutional seeking temporary and permanent injunctions against the Defendant preventing them from enforcing the statute.

The Indiana law in question would have banned abortions based solely on a fetus's disability, genetic anomaly, race or sex and would have imposed new restrictions for the disposing of fetal remains.

The ACLU of Indiana issued the following press report about this case:

"A federal judge today granted Planned Parenthood's request for a preliminary injunction, blocking key features of an anti-abortion measure scheduled to go into effect July 1. The law would have imposed unprecedented, unconstitutional restrictions on women seeking abortions and their health care providers and was the strictest abortion law in the United States.

The American Civil Liberties Union of Indiana, national ACLU and national Planned Parenthood are representing Planned Parenthood of Indiana and Kentucky in this case.

ACLU of Indiana Legal Director Ken Falk said, "This law attempted to do exactly what Supreme Court precedent said could not be done: invade a woman's privacy rights by preventing her from deciding whether to obtain a pre-viability abortion. We are extremely pleased that Indiana's attempt to violate women's basic rights has been thwarted."

Federal Judge Tanya Walton Pratt enjoined the provisions of the statute that prohibited abortions solely because a woman sought an abortion for certain reasons. The judge also blocked the law's requirement that women be informed of these unconstitutional restrictions, and stopped separate provisions that required fetal tissue to be disposed of in the same manner as human remains.

Click here to download this news release in PDF

In her ruling, Judge Pratt said, "The lack of authority supporting the State's position likely stems from the fact that it is contrary to the core legal rights on which a woman's right to choose to terminate her pregnancy prior to viability are predicated."

Indiana House Enrolled Act 1337 was signed into law by Governor Pence on March 24. In April the ACLU of Indiana on behalf of PPINK filed suit against the Indiana State Department of Health, prosecutors of several counties and the state medical licensing board asking the Court to block enforcement of the law, claiming it violated due process and equal protection under the Fourteenth Amendment as well as First Amendment rights of free speech.

"We are heartened that the courts, including the U.S. Supreme Court, are signaling that politicians can no longer hide behind sham rationales to prevent a woman from getting the care she needs. This legislation was never about discrimination. The ACLU stands firmly against discrimination in all forms," said Jane Henegar, ACLU of Indiana executive director. "The ACLU challenged this legislation because it exerts undue political influence into one of the most personal decisions a woman can make, whether and when to continue a pregnancy based upon what is best for herself and her family, a decision protected by the U.S. Constitution."

"This cruel law painted a grim picture for Indiana women with its blatant, unwelcome intrusion into private, independent decision making. HEA 1337 is a violation of the sacred doctor and patient relationship," said Betty Cockrum, President and CEO of PPINK. "Today's decision shows Gov. Mike Pence that he cannot force his religious ideology on Hoosiers. It is further compelling recognition by the courts that legislation interfering with women's reproductive rights will not be tolerated."

The decision, Planned Parenthood of Indiana and Kentucky, et al., v. Commissioner, Indiana State Department of Health, Prosecutors of Marion, Lake, Monroe, and Tippecanoe Counties; Individual Members of the Medical Licensing Board of Indiana, Case No. 1:16-cv-00763-TWP-DML, was entered on June 30, 2016 in the U.S. District Court, Southern District of Indiana, Indianapolis Division. Attorneys on the case include Kenneth J. Falk, Gavin M. Rose and Jan P. Mensz, American Civil Liberties Union of Indiana; Helene Kransoff, Planned Parenthood Federation of America; and Jennifer Dalven, American Civil Liberties Union.

Click here to download a copy of the lawsuit

Outcome: ENTRY granting PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION - PPINK's Motion for Preliminary Injunction is GRANTED. (Filing No. [7].) Pursuant to Federal Rule of Civil Procedure 65(d), the Court ISSUES A PRELIMINARY INJUNCTION. signed by Judge Tanya Walton Pratt. (TRG)

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