Planned Parenthood is suing Indiana… why?

This issue was first brought to my attention last night by a friend. He wanted to know how Planned Parrenthood could sue. After he explained the facts, I told him I had not idea. Today, I learned the answer.

Back to the beginning…

The State of Indiana passed a law recently that:

limits federal funding to Planned Parenthood of Indiana to only $1 million of the $3 million it currently receives annually.

So Indiana Planned Parenthood filed suit in federal court in Indiana, asking for a temporary restraining order to block the law.

Okay, so far, but, what could possibly be the basis of their law suit?  And, why is the suit in federal court, as opposed to the state courts of Indiana?

We now know why.

Planned Parenthood challenged the law — signed by Republican Governor Mitch Daniels — on constitutional grounds, saying that the defunding provision voided existing contracts and that language contained in the bill requiring doctors to tell patients that a fetus can feel pain at or before 20 weeks violated the First Amendment. [emphasis supplied]

That’s novel.

I’m not so sure whose First Amendment rights are being violated by this law, but, today Federal District Court Judge Tanya Walton Pratt denied Planned Parenthood’s request for a temporary restraining order.  Judge Pratt will decide by July 1 whether to issue an injunction baring the enforcement of the law.

As a woman, I well understand the concept that it is my body and I should be able to deal with my own body without government interference.

But, who will stand up for the rights, First Amendment or otherwise, of the fetus?

Oh, and the photo next to this post…that is a picture of a fetus at 21 weeks.

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SoundOffSister

The Sound Off Sister was an Assistant United States Attorney for the Southern District of Florida, and special trial attorney for the Department of Justice, Criminal Division; a partner in the Florida law firm of Shutts & Bowen, and an adjunct professor at the University of Miami, School of Law. The Sound Off Sister offers frequent commentary concerning legislation making its way through Congress, including the health reform legislation passed in early 2010.

9 Comments

  1. Dimsdale on May 12, 2011 at 8:13 am

    Is there a word that is more demeaning, in a legal sense, than frivolous?? I’m no lawyer, but that challenge makes no sense on a common sense level, let alone legal.
    ?
    Indiana should take the remaining million to offset PP’s outright stupidity.



    • GdavidH on May 12, 2011 at 10:25 am

      If they get a liberal judge/court?that happens to support PP and it’s mission, do you really think common sense matters? The idea is probably just to tie up the law in the courts to make it unenforceable. These people aren’t stupid…they are on a mission.



  2. PatRiot on May 12, 2011 at 12:19 pm

    Sounds like:
    1.? The state is trying to limit the use of public money for a private business that partially informs a person about a VERY personal?decision.
    2.??PP doesn’t want the?doctor’s statements on the fetal?pain being REQUIRED.?
    2a.? Is it free speech if it is required??
    2b.? Is the court liable for being the voice of the fetus – or at least setting the conditions to ensure?full disclosure to the pregnant woman?
    -? As far as voiding existing contracts – PP wake up and stop whining?- using other people’s money has its drawbacks.??
    -? If PP is worried about breaking contracts – how?do they think the American taxpayers feel when someone (local, state or federal) makes commitments for THEIR money without consideration of the taxpayer’s existing commitments???
    – As far as who will stand up for the rights of the unborn – Sadly,?it appears there are darn few who take responsibility for themselves let alone anyone else.



  3. sammy22 on May 12, 2011 at 12:35 pm

    The photo next to the post was uncalled for. Could you have made the same points w/ a picture of a 21 day old fetus?



    • Dimsdale on May 12, 2011 at 3:08 pm

      Yeah!? Don’t you hate the fact that they look so disturbingly like real people??? Unlike the lumps of formless, insensate tissue that PP tells us they are.



  4. sammy22 on May 12, 2011 at 3:26 pm

    Off-the-subject again: is SOS reporting about abortion?



  5. TomL on May 12, 2011 at 4:06 pm

    The picture goes with the paragraph she published above:

    Planned Parenthood challenged the law ? signed by Republican Governor Mitch Daniels ? on constitutional grounds, saying that the defunding provision voided existing contracts and that language contained in the bill requiring doctors to tell patients that a fetus can feel pain at or before 20 weeks violated the First Amendment. [emphasis supplied]



  6. Dimsdale on May 12, 2011 at 6:45 pm

    I concur: we are completely on topic, sammy.



  7. Eric on May 12, 2011 at 9:02 pm

    Well, as Mark Twain once said, “There’s nothing common about common sense!” This abortion mill that calls itself “Planned Parenthood” should have little success arguing this issue on Constitutional grounds. After all, they deny these same rights to the babies they murder regularly.



21 week fetus

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