(Indianapolis, Ind.) - The State of Indiana wants to be able to stop taxpayer funding to Planned Parenthood.
An Indianapolis federal judge ruled in June to put a preliminary injunction on House Enrolled Act 1210, which passed the state legislature earlier this year. The law prevents state funding, such as Medicaid, for organizations that provide abortions.
Indiana’s attorney general filed a motion Monday asking another federal judge in Chicago to lift the hold.
"The interlocutory appeal process at the federal appellate court is an important and necessary step in defense of the challenged statute. But we maintain that this dispute over indirect Medicaid funding for abortion providers really did not belong in federal court, because it should be decided not as a lawsuit between a private vendor and the State but instead an administrative appeal between the State and federal government over the State's Medicaid plan," Zoeller said.
The attorney general’s new argument against the injunction and lawsuit is Planned Parenthood could continue to receive Medicaid funding under HEA 1210 if it were to separate its abortion provider services from its family planning and other health services.
". . . HEA 1210 is narrowly targeted at achieving an important and entirely legitimate government objective - avoiding indirect taxpayer subsidy of abortions - so PPIN's facial challenge cannot succeed on the merits and its preliminary injunction must be dissolved," the State's brief said.
After the law went into effect May 10 and before the preliminary injunction June 24, Planned Parenthood relied on donations to keep its doors open to patients seeking services such as STD treatments, birth control, and Pap smears.