Search  |  Login  |  Register

By Nathanael Bennett1308883407000

The fight to defund Planned Parenthood has seen some success at the state level, but the abortion provider is doing everything in its power to protect its government funding. The ACLJ is preparing to file an amicus brief supporting an Indiana law defunding the abortion industry, arguing that Indiana has a legal right to determine how the Medicaid dollars entrusted to them for administering are distributed.

On May 10, 2011, Indiana Governor Mitch Daniels signed House Enrolled Act 1210 into law. The new law provides, in pertinent part: “An agency of the state may not: (1) enter into a contract with; or (2) make a grant to; any entity that performs abortions or maintains or operates a facility where abortions are performed that involves the expenditure of state funds or federal funds administered by the state.”

As states are tasked with distributing federal Medicaid dollars, this law effectively cuts off Planned Parenthood from receiving Medicaid funding in Indiana due to their huge abortion business. As a result, Planned Parenthood in Indiana would lose between $2 and $3 million a year that it receives from Indiana through Medicaid. Under this law, Indiana would still distribute all Medicaid funds for Medicaid-related services, just not to abortion providers.

Planned Parenthood, along with the ACLU, immediately filed suit. The suit, backed by the Obama Administration, claims that Indiana cannot place restrictions on Medicaid dollars, that the state law is preempted by federal law, and that it is unconstitutional to force Planned Parenthood to choose between performing abortions or receiving Medicaid dollars for other non-abortion related services.

Indiana’s Attorney General argues that this law is a legitimate mechanism for the state to fulfill its duty to distribute Medicaid dollars in a way that ensures such monies are not used for abortions. Indiana is responsible to allocate Medicaid reimbursements. See 405 Ind. Admin. Code 1-1-3. Moreover, under Indiana law, Medicaid dollars may not be used for abortions. See Ind. Code § 16-34-1-2. Indiana argues that abortion providers that receive Medicaid dollars do not have a way to ensure that income received via Medicaid is never used for abortion services. In fact, the Attorney General argues that there is evidence that Planned Parenthood co-mingles these funds, thus using Medicaid dollars to perform abortions. Indiana further argues that there is no federal law preempting Indiana’s determination of who is eligible to receive the Medicaid funds. See Planned Parenthood of Houston and Southeast Tex. v. Sanchez, 403 F.3d 324, 336-37 (2003) (“We start with ‘a presumption that the state statute is valid, and ask whether petitioner has shouldered the burden of overcoming that presumption.’” (quoting Pharmaceutical Research and Mfrs. of America v. Walsh, 538 U.S. 644, 661-62 (2003)).

A U.S. District Court judge for the Southern District of Indiana denied Planned Parenthood’s motion for a temporary restraining order that would have prevented the law from going into effect. The case is set for a hearing on Planned Parenthood’s motion for preliminary injunction on June 6, 2011.

Latest in
Pro Life

Please, Don’t Throw Life Away

By Nicole Smith1429736189878

Just four short weeks from now I’ll be meeting my little daughter for the first time. I can only imagine the rush of emotions that will ensue as I hold her in my arms for the first time. But, one thing I know right now, that moment will mark a very significant turning point in my life. No longer...

read more

Holding Planned Parenthood Accountable

By Walter M. Weber1429567200000

Washington, D.C. – The American Center for Law & Justice (ACLJ) today filed a reply brief in support of the ACLJ’s request that the Supreme Court review our False Claims Act (FCA) case against Planned Parenthood. The matter will now be submitted to the Court for action, potentially as early as...

read more

Planned Parenthood’s Founder

By Edward White1429534800000

Most right-minded people look at children as gifts from God. Not Margaret Sanger, founder of Planned Parenthood. She did not like children. In her book, Women and the New Race , Sanger expressed her disgust toward large families, rich and poor, viewing them as harmful to society: “The immorality of...

read more

Planned Parenthood's Propaganda

By Olivia Summers1429130831459

On March 10, 2015, Planned Parenthood posted its most recent attempt to normalize murder and deflect attention from the real issue of abortion—that it kills. “What is abortion stigma?” is a four minute video produced by Planned Parenthood and SeaChange. The video’s stated purpose is to “transform...

read more