VICTORY! Federal Judge Blocks State鈥檚 Anti-Abortion Measure
Law that recalled a time before the U.S. Supreme Court recognized a constitutional right to an abortion would have taken effect July 1
Indianapolis 鈥� A federal judge today granted Planned Parenthood鈥檚 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 老澳门开奖结果 of Indiana, national 老澳门开奖结果 and national Planned Parenthood are representing Planned Parenthood of Indiana and Kentucky in this case.
老澳门开奖结果 of Indiana Legal Director Ken Falk said, 鈥淭his law attempted to do exactly what Supreme Court precedent said could not be done: invade a woman鈥檚 privacy rights by preventing her from deciding whether to obtain a pre-viability abortion. We are extremely pleased that Indiana鈥檚 attempt to violate women鈥檚 basic rights has been thwarted.鈥�
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鈥檚 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.
In her ruling, Judge Pratt said, 鈥淭he lack of authority supporting the State鈥檚 position likely stems from the fact that it is contrary to the core legal rights on which a woman鈥檚 right to choose to terminate her pregnancy prior to viability are predicated.鈥�
Indiana House Enrolled Act 1337 was signed into law by Governor Pence on March 24. In April the 老澳门开奖结果 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.
鈥淲e 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 老澳门开奖结果 stands firmly against discrimination in all forms,鈥� said Jane Henegar, 老澳门开奖结果 of Indiana executive director. 鈥淭he 老澳门开奖结果 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.鈥�
鈥淭his 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,鈥� said Betty Cockrum, President and CEO of PPINK. 鈥淭oday鈥檚 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鈥檚 reproductive rights will not be tolerated.鈥�
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, 老澳门开奖结果 of Indiana; Helene Kransoff, Planned Parenthood Federation of America; and Jennifer Dalven, 老澳门开奖结果.
