The U.S. Court of Appeals for the Seventh Circuit on Friday scheduled oral argument for July 11 to hear the State of Indiana’s case for granting an immediate stay that would stop the operation of an unlicensed abortion clinic in South Bend until the appeal can be fully resolved.
On May 31, a federal district court granted a preliminary injunction allowing the Whole Woman’s Health Alliance to provide chemical abortions despite lacking the required license from the Indiana State Department of Health (ISDH). In chemical abortions, one type of medication is used to kill the fetus followed by another medication to induce the woman to expel it.
“The Court of Appeals’ decision to schedule oral argument shows that it is taking seriously our concerns about the safety of patients who seek abortion at an unlicensed clinic,†Attorney General Curtis Hill said. “Dispensing medication that curbs progesterone and causes uterine contractions is serious business, and whether states may require licensing of clinics that do so is a nationally important issue. We appreciate the court’s diligence in reviewing this matter.â€
On June 2, Attorney General Hill appealed the injunction to the U.S. Court of Appeals for the Seventh Circuit. He also filed a motion with the district court seeking an immediate stay that would have prevented the unlicensed clinic from opening until Indiana’s appeal could be considered.
On June 7, the federal district court denied the motion for a stay – prompting Attorney General Hill on June 10 to seek the intervention of the U.S. Court of Appeals in issuing a stay.
The ISDH previously has denied Whole Woman’s Health a license after the entity failed to provide requested documentation about the safety record of affiliated clinics in other states.
