|
|
|
Calling on the nation’s highest court to provide “urgently needed clarity†to caselaw governing abortion laws related to minors, the Office of the Indiana Attorney General is asking the Supreme Court to grant certiorari to a case challenging Indiana’s “mature minors†parental notice law.
Republican Attorney General Curtis Hill announced Monday that his office had filed a cert petition in Kristina Box, Commissioner, Indiana State Department of Health, et al. v. Planned Parenthood of Indiana and Kentucky, Inc., on Friday.
At issue is the 2017 Senate Enrolled Act 404, which would have required parental notification for minors seeking an abortion unless a judge determined the notice would not be in the minor’s best interests.
Specifically, had the law taken effect, it would have amended Indiana Code 16-34-2-4(d) to require minors to notify their parents of their abortion plans “unless the juvenile court finds that it is in the best interest of an unemancipated pregnant minor to obtain an abortion without parental notification following a hearing on a petition … .†Parental consent could still be waived, but the notice would come after a judicial bypass hearing and before an abortion is performed when a judge has authorized it.
But Planned Parenthood of Indiana and Kentucky, represented by the American Civil Liberties Union of Indiana, challenged SEA 404in Indiana Southern District Court soon after the legislation was passed, and after hearing arguments, Senior Judge Sarah Evans Barker granted PPINK’s request for an injunction.
A divided panel of the 7th Circuit Court of Appeals upheld the injunction, with Judge David Hamilton writing for the majority that “(f)or those pregnant minors affected by this Indiana law, the record indicates that in a substantial fraction of cases, the parental notice requirement will likely have the practical effect of giving parents a veto over the abortion decision. That practical effect is an undue burden because it weighs more heavily in the balance than the State’s interests.â€
But Judge Michael Kanne dissented, writing separately that the appellate court could “only speculate†on the undue burden question because the law never took effect. Kanne repeated that argument in his dissent to the denial of panel rehearing and rehearing en banc, joined by judges Amy Coney Barrett, Michael Brennan, Joel Flaum, and Michael Scudder.
Likewise, though he agreed with the denial of rehearing, Judge Frank Easterbrook wrote separately in October to say that “(u)unless a baleful outcome is either highly likely or ruinous even if less likely, a federal court should allow a state law (on the subject of abortion or anything else) to go into force.
“… How much burden is ‘undue’ is a matter of judgment, which depends on what the burden would be (something the injunction prevents us from knowing) and whether that burden is excessive (a matter of weighing costs against benefits, which one judge is apt to do differently from another, and which judges as a group are apt to do differently from state legislators),†Easterbrook wrote in a concurrence joined by Judge Diane Sykes. “Only the Justices, the proprietors of the undue-burden standard, can apply it to a new category of a statute, such as the one Indiana has enacted.â€
The OAG seized on Easterbrook’s concurrence in urging the Supreme Court to grant cert, saying the 7th Circuit had “difficulty making sense of the tangled web of case law ….
“When even the most experienced and distinguished members of the federal judiciary throw up their hands in confusion,†Hill said in a statement, referencing Easterbrook and Sykes, “it is time for our nation’s highest court to issue guidance.â€
The petition for certiorari largely focuses on the impact of the decision in Whole Woman’s Health v. Hellerstedt, 136 S. Ct. 2292 (2016), which Hill’s office said is the root cause of the confusion and circuit splits over how juvenile abortion laws should be reviewed.
“The Court should, therefore, grant certiorari at the very least to clarify the standard for evaluating abortion regulations applicable to minors, and perhaps to clarify the undue burden standard more generally,†Indiana Solicitor General Thomas M. Fisher wrote in the petition. “Otherwise, Indiana will be left without a fair opportunity to defend its abortion regulations because lower-court judges cannot understand the appropriate constitutional standard.â€
According to the petition, both the Southern District and the 7th Circuit applied Hellerstedt instead of Bellotti v. Baird, 443 U.S. 622 (1979), which permitted parental consent statutes in abortion law as long as the consent requirement can be judicially waived, and which the state says “governs the rights of minors to abortion.†Further, “Bellotti’s requirement that States permit ‘mature’ minors to obtain an abortion without parental consent does not constrain parental notice laws — which, unlike consent statutes, accommodate both the rights of the mature (but unemancipated) minor to have an abortion and the ongoing interests of her parents in her upbringing.â€
Fisher wrote that Hellerstedt has been used by lower courts to make preceding abortion caselaw inapplicable. But he urged the justices to “take this case both to make it clear that Hellerstedt does not wipe out the Court’s prior abortion precedents (such as the holding of Bellotti placing minors on a separate abortion-rights track from adults) and to resolve the circuit conflict over whether the Fourteenth Amendment requires ‘mature minor’ judicial-bypass exceptions for parental-notice requirements.â€
“More generally, this case also offers a chance to address multiple dimensions of the doctrinal havoc wrought by Hellerstedt,†Fisher wrote. “The decision below crystalizes many such issues, including the relevance of pre-Hellerstedt case holdings, the method for deciding pre-enforcement challenges under the undue-burden standard, the manner of balancing benefits and burdens under that standard, and the process for defining the fraction of women substantially burdened by an abortion regulation.â€
In addition to the instant case, the state said the case of Box v. Planned Parenthood of Indiana & Kentucky, Inc., 18-1019 (U.S.), which addresses Indiana’s 18-hour ultrasound law, is another “excellent vehicle†to address those questions. The latter case has been distributed for a conference among the justices numerous times, most recently in the Oct. 18 conference.
The cert petition also notes the pending decision in June Medical Services LLC v. Gee, 18-1323 (U.S.), could resolve questions regarding pre-enforcement injunctions and third-party standing.
In a news release, AG Hill said “America’s founding documents should bode well†for the parental-notice law.
“Nothing in the U.S. Constitution prohibits Indiana from requiring parental notification when an unemancipated minor is getting an abortion,†Hill said. “Even to get a tattoo, a minor in Indiana need parental permission. Quite simply, parents have rights and responsibilities in the care and upbringing of a child.â€
But Ken Falk, legal director of the ACLU of Indiana, has previously said PPINK presented evidence that demonstrates “what harm this law would cause,†and the state did not present evidence to the contrary. Further, Falk said the Supreme Court has a “long history of allowing pre-enforcement challenges where there is good reason to believe allowing the law to go into effect would cause a great deal of harm.â€A
Louis Ruthenburg Evansville’s Leading Industrialist In The Mid-1900s
Yesteryear by Pat Sides
This special event, sponsored by the Evansville Chamber of Commerce in November 1941, celebrated the production of Servel’s two millionth gas refrigerator in Evansville. The man standing in front of the refrigerator shaking hands (at right) is Louis Ruthenburg, who was regarded as Evansville’s leading industrialist in the mid-1900s.
Soon after joining Servel in 1934, he initiated changes that transformed the company into the city’s largest, as well as one that dominated the gas refrigerator industry nationally. Within months, Ruthenburg announced that employment was fifty percent higher than in the previous year, as Electrolux refrigerators rolled steadily off the assembly lines. Markets also expanded into foreign countries, which numbered thirty-six by 1935.
Evansville’s economy was rocked by the departure of several major manufacturers in the 1950s. Ruthenburg delayed his retirement for a few years in an unsuccessful attempt to revive Servel, but refrigerators ceased production in 1956.
The CVB is excited to announce the hiring of James Wood (“Jimâ€) as incoming President and CEO. An extensive nationwide search guided by an executive search firm and local committee was conducted in recruiting Jim.
John Chaszar, the CVB’s Commission President stated, “We were encouraged that through the national search process we were able to find someone with Jim’s experience and tenure in the industry. Our CVB has seen Evansville’s occupancy and room rates grow over the last decade with a keen focus on youth sports, including investments at the Deaconess Sports Park and Goebel Soccer Complex. With the nearing completion of I-69 and recent Old National Events Plaza investments, the meeting and convention business is also poised to grow. We are confident that Jim will bring the energy, skills and knowledge necessary to keep our momentum moving forward for years to come. We look forward to Jim leading our team, with an anticipated start date of January 15, 2020.â€
Wood comes to Evansville with extensive managerial and sales experience in the Louisville, Providence, Atlantic City, and Tampa markets, as well as with the Marriott hotels. Jim is well known in the industry and has been active with many trade organizations. He has exhibited skills of building consensus within a collaborative environment, as well as working from a strategic plan. Jim is a doer and a very productive individual. He takes tasks with enthusiasm and accomplishes a lot. He is a salesperson at heart and by trade. Jim’s willingness to understand what others are trying to achieve is what helps him find creative solutions to any situation set before him.
Wood’s knowledge of events extends past hosting events, as he has also overseen the operations of destination businesses nationally, as well as in this Ohio River Valley. He was seeking a midwestern middle-market destination and Evansville was fortunate to be looking to recruit just such an experienced leader.
“I want to thank the commission and the many community leaders whom I met during the selection process for putting the destination marketing of Evansville in my hands,†said Wood. “I am thrilled to be named President and CEO of the CVB. Evansville is a dynamic community that I am excited to use my skills and abilities to continue to grow the region on the strong foundation that is in place. I was particularly impressed with the community’s charming destination and finding it that is poised to grow. Evansville’s central location, convention and gaming facilities, its sports market, and position at Indiana’s 3rd largest city make it a strong foundation for growth of the destination market. As well, continuing tourism industry growth boosts the community quality of life not just for visitors the tourism industry employs, but also for the region’s residents.â€
 Evansville, IN – Below are the felony cases to be filed by the Vanderburgh County Prosecutor’s Office today.
Dustin Wayne Carver: Strangulation (Level 6 Felony), Domestic battery (Class A misdemeanor)
Destennie D. Holtzclaw: Possession of methamphetamine (Level 4 Felony), Possession of paraphernalia (Class C misdemeanor)
Daniel James Neahring: Dealing in marijuana (Level 6 Felony)
John Robert Clevenger: Possession of methamphetamine (Level 6 Felony), Possession of a controlled substance (Class A misdemeanor)
Paul Allen Overby Jr.: Possession of methamphetamine (Level 5 Felony), Attempt Obstruction of justice (Level 6 Felony), Resisting law enforcement (Level 6 Felony), Resisting law enforcement (Class A misdemeanor)
Amanda Josephine Porter: Possession of methamphetamine (Level 6 Felony), Possession of a narcotic drug (Level 6 Felony), Possession of a controlled substance (Class A misdemeanor)
Brandy Renae Newcom: Possession of methamphetamine (Level 6 Felony), Possession of a controlled substance (Class A misdemeanor)
Chad E. Miller: Dealing in methamphetamine (Level 2 Felony), Possession of methamphetamine (Level 4 Felony)
Clarence W. Grubbs: Possession of methamphetamine (Level 5 Felony), Possession of a narcotic drug (Level 6 Felony), Unlawful possession of syringe (Level 6 Felony), Possession of a controlled substance (Class A misdemeanor), Possession of a controlled substance (Class A misdemeanor)
Ebon David Wolf: Auto theft (Level 6 Felony), Theft of a firearm (Level 6 Felony), Theft (Level 6 Felony)
The University of Southern Indiana Department of Athletics finished the fall season ranked No. 28 in the IMG Learfield Directors’ Cup standings, which were updated following the conclusion of the NCAA II Football Championships.
The Screaming Eagles, who finished 94th in the 2018-19 Learfield Director’s Cup standings, are aiming for their first top 25 showings since finishing 25th at the end of the 2015-16 campaign. They were 59th at the conclusion of the 2017-18 season.
USI, which currently has 141.00 points, got scoring contributions in the fall semester from Men’s Cross Country, Women’s Cross Country, and Women’s Soccer. Women’s Cross Country earned 63 points to pace USI following a 13th-place showing at the NCAA II Cross Country Championships.
Men’s Cross Country earned 53 points with a 21st-place showing at the national meet, while women’s soccer’s first trip to the NCAA II Tournament since 1998 netted USI 25 points.
USI was just four points shy of Northwest Missouri State University for 25th in the fall standings and is the second-highest Great Lakes Valley Conference program in the standings—the University of Indianapolis finished the fall ranked ninth. Scoring is based on each team’s finish at the NCAA II Championships.
At the conference level, the Eagles are currently second in the GLVC All-Sports standings with 53 points and fifth in the GLVC Commissioner’s Cup standings following the fall season.
The Eagles are off to a strong start to the winter season as the Men’s and Women’s Basketball teams have a combined record of 13-3, while Men’s and Women’s Indoor Track & Field already has three NCAA II provisional qualifying times under their belt heading into the New Year.
USI Basketball hosts Drury University Thursday in a men’s and women’s doubleheader at Screaming Eagles Arena.
Following a break for Christmas, the University of Evansville men’s basketball team looks to begin Missouri Valley Conference play on a high note, traveling to face preseason favorite Missouri State on Tuesday. Game time is 4 p.m. at JQH Arena with ESPN+ and the Purple Aces Radio Network having full coverage.
 Setting the Scene
– On December 21, Evansville wrapped up the non-conference portion of its schedule with an exciting 78-76 overtime win against Murray State
– The Aces finish the opening portion of their slate with a 9-4 record
– DeAndre Williams continues to rank in the top five nationally in shooting, standing third hitting 72.3% of his field goal attempts
– UE heads to JQH Arena, where the team picked up its first road win of the 2018-19 campaign, earning a 70-64 win over the Bears on Jan. 16, 2019
Last Time Out
– In a back-and-forth game that went down to the wire, Evansville was able to hang on for a 78-76 overtime win against Murray State on Dec. 21
– Artur Labinowicz had his top game at Evansville, totaling 24 points on 9-of-12 shooting; he also drained all four outside attempts
– With 18 points, 9 rebounds and 7 assists, DeAndre Williams was within sight of the third double-double in program history
– The Aces shot 50% for the game and led by as many as 17, but the Racers stormed back in the second half to take a late lead before Evansville finished off the win in the extra period
– A total of 7,316 fans were in attendance, the 6th-highest for a UE game at the Ford Center
On a Roll
– Artur Labinowicz had his best game of the season against Murray State, scoring 24 points
– He hit 9 out of 12 attempts and all four 3-point tries while eclipsing his previous season mark of 21 points versus IU Kokomo
– Labinowicz opened the season averaging five points per game through the first two contests
– Since then, he has found a nice rhythm, averaging 13.3 points per game, third-best on the team over that span; he has scored at least 9 points in nine of the last 11 games
Up-Tempo Sophomore
– Sophomore Shamar Givance continues to lead the Missouri Valley Conference in assist-to-turnover ratio with a tally of 4.0
– He has 28 assists against just 7 turnovers in his 258 minutes on the floor
– In the triple overtime thriller against Morgan State, he set his career scoring mark with 15 points while going a perfect 2-2 from outside and 4-7 from the field
– Givance was one of the Aces’ most productive players in the opener versus Ball State and finished with five points; three of those came on a triple at the buzzer to finish the first half
Scouting the Opponent
– Preseason Missouri Valley Conference favorite Missouri State enters the conference opener with a 6-7 mark after dropping their final two non-conference games at VCU and Oral Roberts
– Leading the Bears is Keandre Cook, who has tallied 15.5 points per game; he leads the Bears with 26 3-pointers
– Gaige Prim is second on the team with 13.6 PPG and has connected on 52.3% of his attempts while Tulio Da Silva checks in with 10.5 points and a team-high 7.8 caroms per contest
– MSU outrebounds the competition by 6.8 per game, a tally that is second in the MVC and in the top 50 nationally