Thursday, June 30, 2016

Preliminary injunction granted in HEA1337 case

Posted By on Thu, Jun 30, 2016 at 1:32 PM

Word from the the Indiana ACLU on Twitter: a preliminary injunction has been granted in the HEA1337 case. That means the wide-sweeping women's health legislation will not go into effect tomorrow. 

After the Supreme Court struck down Texas abortion restrictions earlier this week, many questioned the impact on Indiana's own abortion restriction legislation.

We'll continue to report as details emerge. 


The ACLU of Indiana filed a lawsuit in federal court this morning challenging the state’s new abortion law.

The ACLU filed the lawsuit on behalf of Planned Parenthood, a doctor contracted by Planned Parenthood and a nurse practitioner employed by Planned Parenthood. The Indiana State Department of Health, the Medical Licensing Board of Indiana, and the county prosecutors in Marion, Lake, Monroe and Tippecanoe counties are listed as defendants. The counties represented are home to Planned Parenthood locations that provide surgical and/or non-surgical abortion services.

“The United States Supreme Court has repeatedly stressed that a woman, not the state, is to determine whether or not to obtain an abortion,” said ACLU of Indiana Legal Director Ken Falk. “The State of Indiana’s attempt to invade a woman’s privacy and to control her decision in this regard is unprecedented and unconstitutional.”

See all of NUVO's coverage of HEA1337 including a list of who voted in favor and those who opposed here. 

UPDATE: Democratic gubernatorial candidate John Gregg released a statement in response to the injuction at 1:34 p.m.:

“HEA 1337 was always more about Mike Pence’s personal ideology than science, medicine or common sense. State government should focus on growing the economy, raising wages, strengthening schools and fixing unsafe roads and bridges, not on private conversations between Hoosiers and their doctors. As someone who is personally pro-life, I believe this was an unnecessary, irresponsible, poorly thought-out law and am pleased it won't be going into effect tomorrow.”

UPDATE: Here's a sample of the 31-page opinion issued by Judge Tanya Walton Pratt granting the preliminary injunction: 

"PPINK’s challenges to the fetal tissue disposition provisions present a much closer call and present difficult legal questions about which there are few clear answers. In the end, however, the Court concludes that the State’s asserted interest in treating fetal remains with the dignity of human remains is not legitimate given that the law does not recognize a fetus as a person. Therefore, PPINK has a strong likelihood of success on its substantive due process challenge to these provisions as well. Because the balance of harms also favors PPINK regarding this claim, PPINK has demonstrated that the Court should enjoin the fetal tissue disposition provisions pending resolution of this litigation."

"Accordingly, PPINK’s Motion for Preliminary Injunction is GRANTED."

Read the full opinion here. 

UPDATE: Indy Dems respond via RTV6:

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Katherine Coplen

Katherine Coplen

Always looking for my new favorite band. Always listening to my old ones, too. Always baking cakes. Always collecting rock and roll dad quotes.

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