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Planned Parenthood Challenging New Indiana Abortion Parental Consent Law

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Planned Parenthood Challenging New Indiana Abortion Parental Consent Law

IL for www.theindianalawyer.com

Planned Parenthood of Indiana and Kentucky has filed a lawsuit challenging portions of Senate Enrolled Act 404, which in part requires unemancipated minors to obtain consent from a parent or legal guardian before being allowed to have an abortion.

The American Civil Liberties Union of Indiana filed the lawsuit Thursday in federal court in Indianapolis. PPINK and the ACLU maintain portions of the new law — which goes into effect July 1 — violate equal protection and due process under the U.S. Constitution as well as the First Amendment.

Gov. Eric Holcomb signed SEA 404 into law last month, which says for a minor under the age of 18 to obtain an abortion, her parent, legal guardian or custodian must accompany her and provide written consent and government-issued proof of identification. When he signed the legislation into law, Holcomb said he saw it as a “parental rights issue.”

If the unemancipated minor objects to having obtain consent, she can petition the juvenile court for a waiver of parental consent and notification. The new law allows the juvenile court to order the minor’s attorney to serve the parent or legal guardian notice by certified mail or personal notice.

The court could waive the parental notification requirement if it finds having the abortion without parental notification is in the minor’s best interests. A minor denied wavier can appeal.

The lawsuit doesn’t challenge SEA 404 as a whole, only Section 4, the parental consent aspect and process a physician must follow to certify the relationship between the minor and parent, and Section 4.2(a), regarding preventing someone from assisting an unemancipated pregnant minor in obtaining an abortion without the consent required under Section 4.

PPINK maintains this section violates the First Amendment as it prohibits the organization from advising its minor patients and people seeking abortion services that they can travel to other states where consent may not be required to obtain abortions.

It is seeking a preliminary injunction — later to be made permanent — preventing these two sections from taking effect.

“If this law is allowed to go into effect, it will have a chilling effect on teenagers already dealing with a difficult situation,” said Betty Cockrum, president and CEO of PPINK. “We encourage teenagers to have open and honest conversations with their family members, but unfortunately not every teenager is in an environment where that is safe. This law seeks to stifle open and fully informed conversation between our staff and our patients. Patients should know all options regarding their pregnancies. It is blatantly unconstitutional and is entirely without compassion for vulnerable Hoosiers.”

“For over four decades, courts have confirmed that this constitutional right extends to unemancipated minors who have been deemed, by a judge, to be sufficiently mature to make a decision to obtain an abortion without parental consent, Jane Henegar, executive director of the ACLU of Indiana, said in a statement. “SEA 404 imposes new burdens on a young woman’s access to abortion and on her health care providers, in violation of often reaffirmed constitutional rights.”

The Indiana Attorney General Curtis Hill said his staff is reviewing the lawsuit. “We look forward to defending the rights of parents and the welfare of children that are under attack by this lawsuit,” he said.

 

Dr. Bucshon Supports Thin Blue Line Act

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On Thursday, the United States House of Representatives passed H.R. 115, the Thin Blue Line Act, which ensures criminals who murder or attempt to murder law enforcement officers face justice for their crimes.

Prior to the vote, Bucshon spoke on the House floor honoring the sacrifices made by law enforcement and urging support of H.R. 115.


Bucshon’s speech can be viewed here: https://goo.gl/j8XLD6 and the full text as delivered is included below:
Mr. Speaker, law enforcement across this country go to work every day to serve and protect our communities.

These brave men and women risk everything to keep our communities and our families safe and secure 

And they do it selflessly.

I recently attended a ceremony in Putnam County Indiana honoring the service and sacrifice of the Indiana State Police officers who have given their lives in the line of duty.

And yesterday, I was at the White House with Vice President Pence to recognize the dedication of the Indiana Fraternal Order of Police and remember the service of the late Sheriff’s Deputy Carl Koontz of Howard County, who was killed in the line of duty.

Events like these are somber reminders of what these heroes who stand on the thin blue line, and their families, sacrifice on our behalf.

We should all be grateful.

Mr. Speaker, this legislation ensures that officers who fall in the line of duty, and their families, receive the justice they deserve. 

I urge all of my colleagues to support this legislation that confirms that the United States Congress stands behind our law enforcement.

 

IDEM Whistleblower Makes Argument To Indiana Supreme Court

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IDEM Whistleblower Makes Argument To Indiana Supreme Court

Marilyn Odendahl for www.theindianalawyer.com

A former employee of the Indiana Department of Environmental Management appeared in the Indiana Supreme Court courtroom Thursday arguing her right to bring a complaint against the state under the whistleblower provision of the Indiana False Claims Act.

Suzanne Esserman claimed IDEM terminated her employment in retaliation for her objections to claims paid through the Excess Liability Trust Fund. Her position required that she review and approve payment for the work to clean up the contamination caused by leaking underground storage tanks. However several times, she rejected the claims, finding the applicants had not provided proper documentation.

Marion Superior Court dismissed her complaint on the grounds that IDEM was protected by sovereign immunity. The Indiana Court of Appeals reversed in Suzanne E. Esserman v. Indiana Department of Evinronmental Management, 49A02-1605-PL-1129. The unanimous panel ruled the state environmental agency was not entitled to common law sovereign immunity.

Before the Supreme Court, the IDEM argued it was immune because the Indiana General Assembly did not specifically note the state could be subject to the False Claims Act, Indiana Code 5-11-5.5-8.

Justice Geoffrey Slaughter questioned Indiana Solicitor General Thomas Fisher as to why the statute did not provide relief for Esserman?

Fisher pointed out that the state was not included in the definition of “employer” unlike the Civil Rights Act, which does include the state.

“So you think the Legislature needs to have an opt-in, that is “employer” specifically includes the state as opposed to an opt-out which says we’ve described employer in broad-brush terms and we’re not excluding the state,” Slaughter asked. “You don’t think that failure to exclude is good enough?”

“No, I don’t think that’s consistent with sovereign immunity,” Fisher replied. “One of the consequences, one of the implications of sovereign immunity is the need for a clear statement to waive it, otherwise it becomes a doctrine that is not really subject to legislative control any longer.”

Fisher then cited State ex rel. Indiana Dep’t of Conservation v. Pulaski Circuit Court, 231 Ind. 245, 108 N.E.2d 185 (1952), which held courts cannot infer a waiver of sovereign immunity but rather it must be explicitly waived.

“What do we infer from the fact that our Legislature made the decision to not statutorily define (employer),” Chief Justice Rush asked. “… You’re saying that we have to infer that they meant the state out based on sovereign immunity?”

“No,” Fisher responded. “I think what I’m saying is we can’t infer that they intended the state to be included.”

“So you’re saying the word employer is ambiguous,” Rush countered.

“At best, yes, I think that’s it,” Fisher said. “And ambiguity cuts in favor of the state here because of the interpretive rule that we’re advocating which is the need for a clear statement.”

When Esserman’s attorney, Mary Jane Lapointe, returned for rebuttal, Slaughter wondered what was wrong with the state’s approach that it has sovereign immunity because the Legislature did not waive it in the False Claims Act.

Lapointe replied to take that approach, the court would have to ignore what “employer” and “employee” means when it is not defined in the statute.

Slaughter continued, “The state makes the point that when it comes to the Civil Rights Act, the Legislature knew how to make explicit that the state was a covered employer for purposes of civil rights violations but it didn’t do so here. So why shouldn’t we draw a negative inference in this case based on that silence?”

“I think there are other occasions where the word employer is not used where there hasn’t been sovereign immunity,” Lapointe responded.

She then cited recently retired Justice Robert Rucker’s dissent in Berry v. Crawford, 990 N.E.2d 410 (Ind. 2013), which argued the term “employer” in the wage payment statute does include the state because the other closely related statutes explicitly identify the Indiana government as an employer.

Holcomb Visits Northwest Indiana to Ceremonially Sign Two Region-Focused Bills

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INDIANAPOLIS – Today, Governor Eric J. Holcomb visited Michigan City and East Chicago to ceremonially sign two bills focused on improving the lives of Northwest Indiana residents.

First, he joined House Minority Leader Scott Pelath (D-Michigan City), state Rep. Hal Slager (R-Schererville), Michigan City Mayor Ron Meer as well as other local elected officials and community leaders for a ceremonial bill signing of House Enrolled Act 1144. This bill increases regional quality of place by helping double track the South Shore Rail Line to make Northwest Indiana a stronger magnet for jobs and workforce talent.

The governor then travelled to East Chicago, gathering with state Sen. Lonnie Randolph (D-East Chicago), state Sen. Ed Charbonneau (R-Valparaiso), state Rep. Earl Harris, Jr. (D-East Chicago), East Chicago Mayor Anthony Copeland, and other state and local leaders for a ceremonial bill signing of House Enrolled Act 1344. This bill provides assistance for residents living in lead contaminated portions of the USS Lead Superfund site in East Chicago.

 

Eagles walk-off with 3-2 game one win over Wayne State

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University of Southern Indiana Softball got a fielder’s choice, walk-off RBI from sophomore designated player Claire Johnson (Pittsboro, Indiana) in the bottom of the seventh inning to earn a 3-2, come-from-behind win over visiting Wayne State University in the opening game of the NCAA Division II Midwest Super Regional Thursday afternoon at the USI Softball Field.

 

Johnson beat out a potential inning-ending double play as her ground ball was scooped up by Wayne State sophomore shortstop Hannah McClounie, who stepped on second base to get the second out of the inning. McClounie turned to fire the ball to first base, but sophomore first baseman Megan Guitar’s foot came off the bag in an effort to get the ball for the third out.

 

Meanwhile, junior third baseman Mena Fulton (Bloomington, Indiana), who opened the inning with a lead-off double, easily crossed the plate for the game-winning run that put the No. 9 Screaming Eagles up, 1-0, in the best-of-three series to decide the Midwest Region champion.

 

The run capped off a come-back for the Eagles (45-12), who trailed Wayne State, 2-0, after one inning of play.

 

Wayne State (40-15) used a two-out rally in the top of the first inning to plate a pair of runs. USI loaded the bases in the bottom of the first inning, but failed to push a run across the plate.

 

A lead-off walk to Johnson, followed by a double by senior shortstop Lexi Reese (Lebanon, Indiana), put the Eagles in position to get onto the scoreboard in the third frame.

 

Johnson scored the first run on an RBI-groundout by junior first baseman Marleah Fossett (Brownsburg, Indiana), while senior catcher Haley Hodges’ (Portage, Indiana) sacrifice fly to right field in the next at-bat pushed Reese across the plate for the game-tying tally.

 

Freshman pitcher Jennifer Leonhardt (Louisville, Kentucky), meanwhile, settled down to retire 10 of the final 11 batters she faced to put the Eagles in position to win the contest. Leonhardt (28-2) earned the victory after giving up two runs off seven hits in seven innings of work. She walked just one batter and had five strikeouts in the win.

 

Game two of the best-of-three series has been moved to a 2 p.m. start Friday at the USI Softball Field. The “if necessary” game three is slated for Friday at 4:30 p.m.

 

Southern Indiana 3, Wayne State (MI) 2 (May 18, 2017 at Evansville, IN)

———————————————————————-

Wayne State (MI)…. 200 000 0 -  2  7  2      (40-15)

Southern Indiana…. 002 000 1 -  3  5  2      (45-12)

———————————————————————-

Pitchers: Wayne State (MI) – Butler,Lyndsay and Turkalj,Brooke. Southern Indiana –

Leonhardt, Jennifer and Hodges, Haley.

Win-Leonhardt, Jennifer(28-2)  Loss-Butler,Lyndsay(24-10)  T-1:35  A-217

Weather: Partly cloudy, warm

Game: 57-NCAA

EXECUTIVE DECISION BY PRESIDENT TRUM

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VANDERBURGH COUNTY FELONY CHARGES

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Below are the felony cases to be filed by the Vanderburgh County Prosecutor’s Office today.

Larry W. Watson II: Theft (Level 6 Felony), Possession of a controlled substance (Class A misdemeanor)

Julius Alfonzo Cabell: Domestic battery resulting in bodily injury to a pregnant woman (Level 5 Felony), Domestic battery (Level 5 Felony), Invasion of privacy (Class A misdemeanor), Battery resulting in bodily injury (Class A misdemeanor), Criminal mischief (Class B misdemeanor)

Robert Anthony Kerney: Attempt Theft (Level 6 Felony), Attempt Theft (Level 6 Felony)

Kyle Lee McReynolds: Criminal confinement (Level 6 Felony), Domestic battery (Class A misdemeanor), Resisting law enforcement (Class A misdemeanor), Theft (Class A misdemeanor)

Marquis Dawn Fletcher: Operating a motor vehicle after forfeiture of license for life (Level 5 Felony)

Kylie Elizabeth Dossett: Domestic battery (Level 6 Felony), Neglect of a dependent (Level 6 Felony), Invasion of privacy (Class A misdemeanor), Criminal mischief (Class B misdemeanor)

Niki Reanae Fallowfield: Residential entry (Level 6 Felony), Theft (Level 6 Felony), Criminal mischief (Class B misdemeanor)

Jesse Lee Hunter: Domestic battery (Level 6 Felony), Criminal mischief (Class B misdemeanor)

Governor’s Action Plan to Combat Drug Abuse Unveiled

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INDIANAPOLIS – Indiana Executive Director for Drug Treatment, Prevention and Enforcement Jim McClelland presented Governor Eric J. Holcomb’s strategic approach to attacking the state’s drug epidemic at a meeting of the Commission to Combat Drug Abuse today.

View the entire meeting online at https://indiana.adobeconnect.com/pv16qqtu34ma/.

“This framework and action plan reflect months of partnership with diverse stakeholders and research on Indiana’s drug crisis,” McClelland said. “While much work remains, this plan is a critical first step in meeting Gov. Holcomb’s charge to attack our drug epidemic and its devastating effects on Hoosier lives.”

Key Principles:

  • Data Driven: Data will inform all systems and programs created for government, individuals, families and providers—evolving as learning increases and as Indiana’s drug crisis changes.
  • Comprehensive and Holistic: Indiana’s approach will be multi-faceted and focused on substance abuse prevention, early intervention, treatment, recovery and enforcement.
  • Collaborative: The state will align and focus the efforts of multiple state agencies that currently provide substance abuse services and resources. Further, Indiana’s approach makes clear that local communities, state officials, and the federal government must all have a stake in helping overcoming the drug crisis.

Major Strategies:

  • Reduce the incidence of substance abuse disorder.
  • Reduce additional harm that can result from substance abuse.
  • Improve treatment of people with substance abuse disorder.
  • Develop and support the ability of the executive director for drug prevention, treatment and enforcement to serve stakeholders—including those with substance abuse disorders, their families, service providers, and units of government.
  • Support and enhance substantial community-based collaborations aimed at prevention, treatment and recovery.

The commission also heard reports and presentations by agency leaders and medical experts.

Read Gov. Holcomb’s full strategic approach to addressing substance abuse in Indiana as well as an action plan to guide efforts for the rest of 2017.

The Commission to Combat Drug Abuse was created by the General Assembly in 2016. Governor Holcomb created the new position of executive director for drug treatment, prevention and enforcement by executive order his first day in office. Attacking the drug epidemic is one of Gov. Holcomb’s top priories to take Indiana to the next level.

Barnett And McNamara Receive All-Midwest Region Honors

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Barnett And McNamara Receive All-Midwest Region Honors

University of Southern Indiana senior right-handed pitcher Lucas Barnett (Sellersburg, Indiana) and junior outfielder Drake McNamara (Mt. Vernon, Indiana) were named All-Midwest Region by the Division II Conference Commissioners Association by the Division II Sports Information Directors. Barnett was named to Midwest’s first team as a starting pitcher, while McNamara was named to the second team as an outfielder.

Barnett, who receives his first All-Region honor, lead the Screaming Eagle starting pitchers with a 2.64 ERA and is tied for the team-lead with six wins. The 2017 GLVC Pitcher of the Year has a 6-2 overall record, appearing in 13 games and 12 starts.

McNamara, who also receives his first All-Region recognition, leads the Eagles with a .367 batting average, seven home runs, and 43 RBIs in 46 games this spring. The first-team All-GLVC outfielder also has a team-best 15 doubles and a .595 slugging percentage.

Barnett, McNamara, and the Eagles start NCAA Division II Midwest Regional action today at 4 p.m. (CDT) when they play Saint Joseph’s College at Gerace Stadium in Midland, Michigan. USI is the second seed in the regional, while Saint Joseph’s is the seventh seed.

Morgan Florey earns All-Region hono

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Florey led the MVC in strikeouts in 2017

LOUISVILLE, Ky. – The National Fastpitch Coaches Association has announced that 667 student-athletes from 175 programs have received 2017 NFCA Division I All-Region accolades.

The awards honor softball student-athletes from the Association’s 10 regions with first, second and third team selections. NFCA member coaches from each respective region voted on the teams, and all the honorees now become eligible for selection to the 2017 NFCA Division I All-American squads.

Representing the University of Evansville was sophomore Morgan Florey.  She earned a spot on the Mideast Region Second Team in the Utility/Pitcher spot.

“Congratulations to Morgan.  She had a great year in the circle and at the plate for us,” Purple Aces head coach Mat Mundell said.  “It is always nice to receive this kind of an honor which is voted on by region coaches, it really speaks to the type of season Morgan had.”

Florey was one of the top players in the Missouri Valley Conference this season, both in the circle and at the plate.  With 194 strikeouts, Florey paced the league in that category.  She also completed the year with a 1.99 ERA, third-best in the Valley.

On the offensive side, the Peoria, Ill. product was equally impressive.  Her nine home runs was tied for third in the MVC.  She paced the Aces in that category along with her 32 RBI and .514 slugging percentage.

Her honor is the first one for the program since 2012 when Kayla Fortner was also named to the Second Team.

 

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