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Planned Parenthood of Indiana, Inc. v. Commissioner of the Indiana State Department of Health

794 F. Supp. 2d 892 (2011)

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Planned Parenthood of Indiana, Inc. v. Commissioner of the Indiana State Department of Health

United States District Court for the Southern District of Indiana
794 F. Supp. 2d 892 (2011)

Facts

The state House Enrolled Act 1210 (the act) prohibited certain abortion providers from receiving state funds for services unrelated to abortion. The act also contained a provision that required abortion practitioners to inform their patients that a fetus may experience pain within 20 weeks of postfertilization age, which is before the third trimester of pregnancy. Almost immediately after the act was signed into law, Planned Parenthood of Indiana, Inc. (PPIN); Michael King, M.D.; Carla Cleary, C.N.M.; Letitia Clemons; and Dejiona Jackson (plaintiffs) filed a lawsuit to challenge the legality of the funding and informed-consent provisions. PPIN moved for a preliminary injunction with respect to the informed-consent requirement. In response, the commissioner of the Indiana State Department of Health (the commissioner) (defendant) provided articles and other evidence suggesting the reality of fetal pain, though this information was of a preliminary, inferential nature. PPIN’s abortion services, like most, were performed exclusively within the first trimester.

Rule of Law

Issue

Holding and Reasoning (Pratt, J.)

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