Yesterday, a district judge caved in to Obama Administration pressure by blocking Indiana’s recent pro-life law.  The law – signed by Governor Daniels on May 10 – includes a comprehensive defunding of Planned Parenthood of Indiana.  In fact, any entity that performs abortions would be cut off from state funds, including Medicaid funding, even for non-abortion services.

Planned Parenthood sued, of course, but its case is extremely weak on the merits.  The Medicaid Act expressly recognizes each state’s authority to determine what constitutes a “qualified” provider, and thus entitled to state funds.  What’s more, under the Hyde Amendment, states are required to ensure that no federal funds go to elective abortions).

District judge Tanya Pratt initially denied Planned Parenthood’s attempt to enjoin the law back in May.  And then Team Obama went to work.  Medicaid Czar Donald Berwick, publicly announced that HHS “rejected” Indiana’s law.  Translation: the administration will withhold up to $4.3 billion in Medicaid funding for Indiana if the state persists in this madness of thinking that it can control its own funds.  This is the same variety of Gangster Politics we've seen in the Chrysler Bankruptcy and elsewhere.  "Nice healthcare system you got there, Mitch.  Pity if something happened to it."

With billions of dollars at stake, Judge Pratt did a U-turn, finding that “the public interest . . .  tilts in favor of granting an injunction.”   Got that?  A federal judge will enforce a baseless injunction to prevent the administration from taking illegal punitive action against Indiana.  That’s what counts as “the public interest” these days. 

To be clear, this is still a preliminary injunction -- the judge has not yet made a final ruling on the merits.  That will come later.  In the meantime, the judge urged Indiana and the feds to compromise.  “If dogma trumps pragmatism and neither side budges, Indiana’s most vulnerable citizens could end up paying the price as the collateral damage of a partisan battle.”  Presumably when she refers to the “most vulnerable citizens,” the judge means the poor, not the unborn.  (ht: NRO, and Lifenews)

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Joined
Apr '11
FreeWifiDuringSermon

Life issues aside, it is still base and immoral. Taking the abortion issue into account, it is quadrupally immoral and base.  If Daniels wants to make it up to me for not seeking the presidency he can do it here.

Peter Robinson

Any idea, Adam, what Indiana's recourse is here?  Does the state attorney general simply start grinding this thing through appeals?  Or are there other steps he, or the state, might take?

Adam Freedman

The state has to fight on two fronts.  It has to continue the litigation against Planned Parenthood, but at the same time, now it also has to challenge Berwick's determination that the State is out of compliance with Medicaid rules. 

If the state loses, it could try to re-write the law to make it more narrowly tailored to enforcing the Hyde Amendment.  Unfortunately, Planned Parenthood could probably survive a narrower law by doing a better job of segregating their funds used for abortion vs. other activities (like "counseling"). 

If we had a different administration, this law would not be in trouble.

Samwise Gamgee
Joined
Jun '10
Samwise Gamgee

It seems laws that limit abortion, or that define marriage properly as between a man and a woman, or that is conservative in any way, are vetoed by an activist judge.

Tell me, if one side of the equation is fundamentally opposed to activist judges, and the other is not, doesn't that put one side at a disadvantage?

Is representative government a thing of the past? 

I hope everyone enjoys living in Chicago:  terrible schools, great hot dogs.

Edited on Jun 28, 2011 at 3:15pm

Joined
May '11
Kimberley McKaig

I've heard the pizza is good, too.  Thoughts, Ricochet'ers?

Adam Freedman
Kimberley McKaig: I've heard the pizza is good, too.  Thoughts, Ricochet'ers? · Jun 28 at 3:34pm

Confession: I grew up in Chicago, and I'm still very fond of the place (politics aside).  As for the pizza; well, I prefer thin crust..

John Marzan
Joined
Oct '10
John Marzan

chicago style politics.


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