« Courts - "Court Blocks Kansas Law Defunding Planned Parenthood" | Main | Courts - "High court asked to hear student online-speech case" »

Tuesday, August 02, 2011

Ind. Decisions - State files brief in 7th Circuit appeal of Judge Pratt's district court ruling granting preliminary injunction

This June 28th ILB entry reported that Indiana's attorney general was appealing the Planned Parenthood decision, linking to an AP story from June 28th by Ken Kusmer, who wrote:

Attorney General Greg Zoeller filed a notice of appeal with the U.S. 7th Circuit Court of Appeals in Chicago, a move that was expected after U.S. District Judge Tanya Walton Pratt issued a preliminary injunction last week blocking parts of the law.

The injunction was granted as part of a lawsuit brought by Planned Parenthood of Indiana. The state will submit the legal basis for its appeal later, but in its failed attempt to block the injunction, it argued that a separate challenge to the law was the proper forum to determine its legality, not Planned Parenthood's challenge.

In that case, the state is appealing Medicaid Administrator Donald Berwick's June 1 decision rejecting changes to Indiana's Medicaid plan brought on by the new law. Berwick contended that Medicaid recipients have the right to obtain treatment from any qualified provider, including those that provide abortions. The state filed that appeal with Berwick's office on Thursday, and if the two sides can't work out a compromise, that dispute would also likely land before the appeals court in Chicago, Zoeller told The Associated Press on Tuesday.

"There is this process between the federal and state governments which is the proper process by which these things are resolved," Zoeller said.

Indiana's appeal seeks a review of the preliminary injunction before any further action is taken on Planned Parenthood's lawsuit, which seeks a permanent injunction against the law. The injunction Pratt issued Friday would remain in effect while the appeal is pending.

Late yesterday, Aug. 1, 2011, AP colleagues Charles Wilson and Tom LoBianco reported:
INDIANAPOLIS (AP) — Indiana asked a federal appeals court Monday to lift a judge's order blocking parts of a new abortion law that cuts some public Planned Parenthood funding, saying the issue should be decided by Medicaid officials and not the courts.

The 44-page brief asks the 7th U.S. Circuit Court of Appeals in Chicago to reverse U.S. District Judge Tanya Walton Pratt's June 24 preliminary injunction, which barred the state from cutting Medicaid funds to the organization because it provides abortions.

Attorney General Greg Zoeller's filing Monday came just days after the state complied with the injunction by giving Planned Parenthood a $6,000 grant. * * *

In its brief filed Monday, Indiana says federal Medicaid officials, not the courts, should determine the law's legality. The state is appealing Medicaid Administrator Donald Berwick's June 1 decision rejecting changes to Indiana's Medicaid plan brought on by the new law. Berwick contended Medicaid recipients have the right to obtain treatment from any qualified provider, including those that provide abortions.

A hearing on the Medicaid appeal is scheduled for Sept. 13 in Chicago. * * *

The Indiana Housing Community and Development Authority said in June it would not give Planned Parenthood any grants because of the new state law, but it changed course Friday.

"With the new ruling, we determined that treating Planned Parenthood different than any other applicant would violate the injunction," said IHCDA spokeswoman Emily Duncan.

Here is the Zoeller press release from August 1st. Here is a link to the 44-page brief filed by the State of Indiana. (Oddly, the pdf count shows 115 pp.)

Posted by Marcia Oddi on August 2, 2011 08:37 AM
Posted to Ind Fed D.Ct. Decisions