The Indiana Attorney General’s office filed an appeal in the Seventh Circuit on Monday challenging a federal district court injunction barring enforcement of a new state law that would pull Planned Parenthood funding.
The law, enacted under Indiana House Bill 2010, prohibits Indiana agencies from entering contracts with, or making grants to, any entity that performs abortions or maintains or operates a facility where abortions are performed.
U.S. District Judge Tanya Walton Pratt blocked provisions of the law that penalized Planned Parenthood because some of its clinics performed abortions. Pratt said the law conflicts with the federal Medicaid statute, which typically allows Medicaid patients to choose their health care providers, reports Reuters.
The Department of Health and Human Services previously rejected the same bill, saying that the bill "violates federal Medicaid law because it discriminates against Planned Parenthood for reasons other than its ability to provide quality health services," according to the Huffington Post.
The state argues in its brief to the Seventh Circuit that Medicaid officials, not the courts, should decide the fate of the law. Indiana is also appealing a ruling from Medicaid Administrator Donald Berwick rejecting changes to Indiana's Medicaid plan enacted by the new law. An administrative hearing on that appeal is scheduled for Sept. 13 in Chicago.
A similar challenge could soon be filed in the Tenth Circuit Court of Appeals. On Monday, Planned Parenthood won an injunction in a Kansas federal court blocking a new law that pulls Planned Parenthood funding in that state.
New Hampshire, North Carolina, Tennessee, Texas and Wisconsin have also passed laws to partially or fully withdraw Planned Parenthood funding.
- Indiana Seeks Appeal on Ban of Public Funding for Abortion (FindLaw's Seventh Circuit blog)
- Ind. asks court to lift Planned Parenthood order (AP)
- Planned Parenthood v. Casey (FindLaw's Case Law)
- Judge blocks Kan. law defunding Planned Parenthood (AP)