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7th Circuit strikes Indiana’s abortion law
Marilyn Odendahl for www.theindianalawyer.com
In a split 2-1 decision, the 7th Circuit Court of Appeals struck down Indiana’s abortion ban, which prohibited a woman from terminating her pregnancy because of the gender, race or disability of the fetus.
The 7th Circuit affirmed the ruling from the U.S. District Court for the Southern District of Indiana that House Enrolled Act 1337, signed by Gov. Mike Pence in March 2016, is unconstitutional. The decision in Planned Parenthood of Indiana and Kentucky, Inc., et al., v. Commissioner of the Indiana State Department of Health, et al., 17-3163, was issued Thursday.
Judges William Bauer and Joel Flaum held that a state may not prohibit a woman from exercising her right to terminate her pregnancy prior to viability for any reason.  Senior Judge Daniel Manion wrote a separate dissenting opinion in which he maintained precedent required the court to uphold the lower court’s decision, but called for the U.S. Supreme Court to revisit its prior abortion rulings.
The majority of the appellate panel found the nondiscrimination provisions in the law violated precedent set by the U.S. Supreme Court in Roe v. Wade, 410 U.S. 113, 153 (1973) and reaffirmed in Planned Parenthood of Southeastern Pennsylvania v. Casey.
“The non-discrimination provisions clearly violate this well-established Supreme Court precedent, and are therefore, unconstitutional,†Judge Bauer wrote for the majority. “The provisions prohibit abortions prior to viability if the abortion is sought for a particular purpose. These provisions are far greater than a substantial obstacle, they are absolute prohibitions on abortions prior to viability which the Supreme Court has clearly held cannot be imposed by the State.â€
Planned Parenthood of Indiana and Kentucky and the ACLU of Indiana applauded the decision. Ken Falk, legal director for the ACLU of Indiana, described HEA 1337 as the state attempting to institute an “absolute prohibition†against abortion. If Indiana had prevailed in its argument that a woman’s right to an abortion could be overcome when the state’s interest is strong enough, then a woman’s right to obtain an abortion would disappear, he said.
“Specifically with the nondiscrimination provision, the (7th Circuit) recognized, as the district court recognized as we argued, the law in this area is crystal clear that the one cardinal principle in abortion jurisprudence as established by the U.S. Supreme Court is that a woman has the absolute right prior to viability whether or not to obtain an abortion,†Falk said.
Indiana Attorney General Curtis Hill had no comment.
The state has the option of appealing to the Supreme Court of the United States or asking the 7thCircuit for a rehearing. Falk said he would not be surprised if the state sought a review by the Supreme Court.
Christie Gillespie, president and CEO of PPINK, said managing the Planned Parenthood clinics can be difficult in the current atmosphere of the Indiana General Assembly passing anti-abortion laws and the federal courts overturning them.
“I think that’s part of the unfortunate thing with all of the lawsuits is we end up spending a lot of time debating policies that have really already been decided some 40 years ago, when we really could be focusing on helping Hoosier families by focusing on how to prevent unintended pregnancies,†she said.
Indiana argued HEA 1337 was reconcilable with precedent. The state asserted Casey only reaffirmed a woman’s right to chose whether or not to have a child prior to viability , but did not extend that right to the decision to terminate a particular child.
Describing its non-discrimination provisions as a “qualitatively new type of abortion regulation,†Indiana said it had compelling interests in “prohibiting discrimination of particular fetuses in light of technological advances in genetic screening.â€
Trooper Dotson and Two Bicknell Police Officers Receive Lifesaving Award
Knox County – Master Trooper Jim Dotson and Bicknell Police Officers Kevin Porter and Loren Myers received a “Lifesaving Award†earlier today for their involvement in saving the life of a Bicknell resident back in February. The awards were presented during the Indiana State Police Annual Spring Awards Ceremony held at the Indiana Government Center in Indianapolis.
On February 8, Master Trooper Dotson was parked in his driveway in Bicknell about to end his shift when he overheard Knox County 911 dispatch a medical emergency at a residence in Bicknell. Without hesitation, Dotson immediately responded and arrived with Bicknell Police Officers Kevin Porter and Loren Myers to discover a 48-year-old male in full cardiac arrest. Porter and Myers initiated CPR while Dotson applied his issued AED (Automated External Defibrillator). The 48-year-old patient had to be shocked twice before sustaining a pulse. Knox County EMS arrived and had to shock the patient two more times before arriving at Good Samaritan Hospital in Vincennes. When Trooper Dotson followed up at the hospital the 48-year-old patient was sitting up engaging the staff in conversation.
“There is absolutely no doubt that without the quick response of these first responders that this individual would have likely lost his life or had serious permanent injury. Master Trooper Dotson and Bicknell Police Officers Kevin Porter and Loren Myers are to be commended for their actions and proud of their efforts in saving a human life,†said Lieutenant Brian Bailey, Commander of the Evansville District.
SHOULD WE LOWER THE VOTING AGE TO 16?
Tyrades! by Danny Tyree
According to NBC News, the majority of the Washington, D.C. council as well as the mayor and the “Washington Post†are pushing a bill that would make the District of Columbia the first place in the nation to allow people as young as 16 to vote in federal elections (including presidential races).
A growing number of cities and states are considering their own ways to expand “civic engagement†to younger people.
I’m not one of those “Children should be seen and not heard†curmudgeons. Many 16-year-olds have extensive life experience supporting their families, and I know some high school students whose voting judgment I would trust implicitly; but I still have mixed emotions about upending the status quo.
I guess I’m nostalgic for slogans such as “Remember the Alamo,†“Loose lips sink ships†and “Don’t tread on me.†It’s just not the same to rally around “Let’s swap one arbitrary age for another arbitrary age! And don’t dump that tea in the harbor, dude! It’ll stress the polar bears and stuff.â€
Agreed, members of the Baby Boom generation (and surrounding generations) have left the world in quite a mess. We seem to think that money, status and violence are the answer to everything. We’re so dementia-adjacent that we can’t absorb the self-evident truth that running away with your 45-year-old drivers ed teacher is the answer to everything!!!
Should arms negotiators have to worry about polling results from naeB/ve individuals who approach nuclear war with the sage attitude, “You can’t get irradiated if it’s your first time. Or maybe it’s ‘You can’t get irradiated if you’re standing up�
Undoubtedly, dropping the voting age by two years would bring in some new blood and encourage thinking outside the box. The new voting bloc might find the key to ending world hunger, the key to solving economic inequality, the key to achieving racial harmony. Unfortunately, right now they’re a little preoccupied trying to find the key to mom and dad’s liquor cabinet…
What vast governmental changes would be wrought by an influx of younger voters? Forget tearing down statues; they would probably tear down the Library of Congress. (“It reeks of Permanent Record!â€) The Centers for Disease Control would put those wasted West Nile Virus dollars to work eradicating the zit plague. The Environmental Protection Agency would be assigned tasks such as “Please, do something about my mom’s new boyfriend’s aftershave.†Lady Justice would remain blindfolded, but dropping her gown would make for some wicked awesome sexting!
Opponents of the lowered voting age fear a slippery slope of ever-younger voters. Yeah, do we want a campaign season where candidates furtively pass out folded notes that ask, “Do you like me? Mark yes or no�
I was not reassured by the high school junior who promised me that 16 was as low as it would go. (“My 14-year-old brother’s ‘social engagement’ will remain having his face shoved into my armpit!â€)
One thing propelling the rethinking of age restrictions is the eloquence and passion shown by young activists in recent months. A message of “My adolescent brain may not be fully formed, but my opinions sure are!†has a lot of politicians and businessmen shaking in their boots.
But older organizers comfort themselves with the thought, “I’m glad they hate guns. They’d SHOOT us if they ever figured out how we’re manipulating them!â€
Gibson, Sander lead USI at Bellarmine
University of Southern Indiana Men’s Track & Field was in action Saturday afternoon, participating in the Bellarmine Classic in Louisville, Kentucky.
The Screaming Eagles had four top 10 finishes in the 5000 meters, where freshman Grady Wilkinson (Mt. Carmel, Illinois) beat out junior Darin Lawrence(Indianapolis, Indiana) for sixth, finishing in 15 minutes, 34.77 seconds, less than a second ahead of Lawrence. Freshman Bryon Berg (Michigan City, Indiana) and junior Eli Hill (Bloomington, Illinois) finished ninth and 10th, respectively.
Freshman Madison King (Avon, Indiana) also recorded a top 10 finish, placing eighth in the 800 meters in 1:58.55. Senior Cain Parker (Petersburg, Indiana) was 11th in the 1500 meters in 4:14.20.
USI had two top three performances in the field as well. Junior Calvin Sander (Jasper, Indiana) had a throw of 153 feet, seven inches to earn him a second-place finish in the javelin, while senior Daniel Gibson(Normal, Illinois) finished third in the shot put with a toss of 40’2″. Gibson was also eighth in the discus.
Up next for USI are the Hillsdale “Gina” Relays April 26-27 in Hillsdale, Michigan, before the Great Lakes Valley Conference Championships.
Eagles paced by distance events at Bellarmine
University of Southern Indiana Women’s Track & Field competed in the Bellarmine Classic Saturday afternoon in Louisville, Kentucky, with strong finishes in the distance events.
Junior Micalah Booher (Pendleton, Indiana) paced a group of Screaming Eagles in the 1500 meters, finishing third in four minutes, 49.36 seconds as four Eagles placed in the top 10. All four finished within five seconds of each other, with junior Allison Rollins (Newburgh, Indiana) in fifth in 4:50.99 and junior Kate Henrickson (Boonville, Indiana) and sophomore Ashley Lawhorn (Frankfort, Kentucky) in seventh and eighth, respectively.
Lawhorn also had a ninth-place finish in the 800 meters, completing the race in a time of 2:26.56.
In the field, freshman Ralen Campbell (Indianapolis, Indiana) had another strong performance in the long jump, placing third with a jump of 16 feet, three inches.
USI has one final tune-up before the Great Lakes Conference Championships with the Hillsdale “Gina” Relays April 26-27 in Hillsdale, Michigan.
Florey and Renneisen lead UE softball to split on Saturday
In a full day on the field Saturday, the University of Evansville softball team began the day with a 2-0 win at Valparaiso before the Crusaders finished the day with a 6-2 victory over the Purple Aces.
“It is good to get a split on the day, we gave ourselves a chance to get the series win today,†UE head coach Mat Mundell said. “Morgan threw outstanding in game one and we were able to get more hits in game two, we just have to find a way to score more runs off of them.â€
Morgan Florey and Lindsay Renneisen were the stars in game one as the Purple Aces pulled off a 2-0 victory. Eryn Gould led the game off with a single down the left field line. Following a sacrifice bunt by Mea Adams, Lindsay Renneisen approached the plate and delivered her 6th home run of the season to give UE a 2-0 lead.
Pitching was the name of the game from that point on as neither team would see a runner advance to second base until Evansville did so in the top of the 7th. UE left two runners on to end the frame as the Crusaders were down to their final three outs. They made a late run, putting runners on first and second with one out. Florey got the job done from there, notching the final two outs to preserve her 2-hit shutout. She struck out 11 batters in the complete game win.
After being held off the board in game one, Valparaiso recorded the first four runs of the second tilt. A Gabby Magnifico single got them on the board in the second before three more scored in the third. Brittany Anderson had a 2-RBI double in the frame.
Evansville saw its first three runners reach base in the top of the fourth. With one out, McKenzie Johnson forced a bases loaded walk to plate UE’s first run of the game. Valpo countered with a pair in the fifth to push their advantage to five runs, but the Aces had one more run left in them. Brittany Hay led the 7th inning off with a walk, moved to second on a wild pitch and scored on a Florey single to left.
That is where the rally would end as the Crusaders split the doubleheader with a 6-2 win. Florey notched three hits in the game while Mea Adams posted two. Tomorrow, the teams take to the field for the rubber match at 11 a.m.
Game Recap: Softball | 4/21/2018 4:39:00 PM | Dan McDonnell, USI Athletic Communications Fulton, Leonhardt lead Eagles to DH split with Miners
University of Southern Indiana Softball salvaged a Great Lakes Valley Conference doubleheader split with host Missouri University of Science & Technology Saturday afternoon. The Screaming Eagles lost the opener, 5-2, before winning game two, 3-1.
Senior third baseman Mena Fulton (Bloomington, Indiana) and sophomore pitcher Jennifer Leonhardt (Louisville, Kentucky) each had three hits on the day to pace the Eagles at the plate, while Leonhardt earned the win inside the circle in game two.
USI (25-20, 13-11 GLVC) returns to action April 28 at noon when it hosts the University of Missouri-St. Louis in a GLVC doubleheader at the USI Softball Field. The Eagles conclude the regular season April 29 when they host McKendree University for Senior Day.
Game 1: S&T 5, USI 2 (Box Score)
Despite getting RBIs from junior catcher Lindsey Barr (Whitesville, Kentucky) and junior outfielder Caitlyn Bradley (Forest, Indiana) in the top of the sixth inning, the Eagles could not overcome a 5-0 deficit as they suffered their third straight loss.
Missouri S&T (23-21, 12-10 GLVC) scored in the first inning to take a 1-0 lead; then scored twice in both the third and fifth frames to build the 5-0 advantage.
The Eagles answered with two tallies in the sixth and brought the tying run to the plate in the form of sophomore outfielder Allison Schubert (Nicholasville, Kentucky), their home run and RBI-leader, in the seventh. Schubert, however, hit a fly ball that was caught at the warning track for the last out of the contest.
Junior pitcher Courtney Atkisson (Bringhurst, Indiana) was charged with the loss. Atkisson (7-5) gave up five runs, four earned, off eight hits and three walks in 4 2/3 innings of work.
Game 2: USI 3, S&T 1 (Box Score)
Fulton had an RBI-single in the first and a two-run double in the third as the Eagles jumped out to a 3-1 lead.
Missouri S&T took advantage of a passed ball and a wild pitch to score in the bottom of the first inning, but that was all the offense the Miners could put together as Leonhardt (13-10), who helped herself at the plate with a 2-of-4 effort, allowed just one unearned run off three hits and six strikeouts in a complete-game effort.
The Miners threatened in the sixth inning with a two-out walk and a two-out single, but Leonhardt induced a fly ball for the third out to get out of the inning unscathed. She used a game-ending double-play ball in the bottom of the seventh inning to secure the win.
Alcohol Suspected Factor in Crash that Hospitalized Motorcyclist
A motorcyclist was severely injured this evening after being struck by a motorist who had been drinking just prior to driving.
On Saturday, April 21, 2018 at approximately 7:00pm, the Vanderburgh County Sheriff’s Office and McCutchanville Fire Department responded to the area of Old State Road and E. Evergreen Road upon report of a motorcycle crash with injury
On scene investigation and witness statements indicated that a red 2003 Honda motorcycle had been traveling north on Old State Road when a white 1996 Chevrolet 1500 pick-up truck made a left turn from the westbound lane of E. Evergreen Road. The truck entered the path of the motorcyclist and collided with the motorcycle, which resulted in the rider being ejected.
The motorcyclist, who was not wearing a helmet, sustained a compound fracture, a hip injury and possible head injury. The motorcyclist was transported to the hospital by ambulance. The driver of the truck was uninjured.
Alcohol is suspected of being a factor in the crash. The driver of the truck had been drinking prior to the collision. Pursuant to state law regarding crashes involving serious bodily injury or death, both operators consented to a post-crash blood draw. The crash will remain under investigation pending toxicology results.