For immediate release: Jun 28, 2011
Posted by: [Attorney General]
Contact: Bryan Corbin
Phone: 317.233.3970

AG: State appeals federal court ruling in Planned Parenthood case

INDIANAPOLIS - Today Indiana Attorney General Greg Zoeller today filed notice that the State is appealing a preliminary injunction issued Friday by U.S. District Court Judge Tanya Walton Pratt in a lawsuit filed by Planned Parenthood and ACLU. The injunction blocked enforcement of Indiana's new law disqualifying abortion providers from state grants and contracts, including Medicaid. Zoeller is appealing to the U.S. 7th Circuit Court of Appeals.

Zoeller noted the State already is appealing the federal government's decision not to approve amendments to Indiana's Medicaid plan that include the new provider qualifications. As with the Planned Parenthood lawsuit, it is likely that this separate administrative proceeding will be appealed later to the U.S. 7th Circuit in Chicago.

"Both the legal challenge and the administrative appeal are headed to the same court - the U.S. 7th Circuit - which is where this dispute between the State and the federal government over what procedures we will allow our tax dollars to indirectly support should be heard," Zoeller said.

By law, the Indiana Attorney General's Office defends state statutes passed by the Legislature from legal challenges such as the one Planned Parenthood filed May 10 to block enforcement of three provisions of the new provider-qualifications law, House Enrolled Act 1210.

Through an interlocutory appeal of the preliminary injunction, the State seeks to have the federal appellate court review the trial court's decision before any further action is taken on the underlying lawsuit. The injunction Judge Walton Pratt issued Friday would remain in effect in the meantime and would not be stayed. The Attorney General filed notice today with the trial court and a legal brief that sets forth the State's arguments will be filed at a later date.

The State has contended HEA1210 would allow Planned Parenthood to receive Medicaid payments even if it is affiliated with an abortion clinic, so long as the abortion clinic is a separate corporate entity and there is no risk that taxpayer revenues might indirectly subsidize abortion procedures, and the State is developing regulations on that issue.

NOTE: Read the State's notice of appeal and docketing statement which were filed today in U.S. District Court for the Southern District of Indiana.


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