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Judge: Indiana abortion law may infringe on women’s rights
IL Staff for wwww.theindianalawyer.com
A federal judge weighing whether to block a new Indiana law banning abortions sought because of a fetus’ genetic abnormalities sounded skeptical of the measure during a Tuesday hearing, saying it may infringe on some women’s right to an abortion.
Planned Parenthood of Indiana and Kentucky sued the state in April, seeking a preliminary injunction to stop the law from taking effect July 1, arguing it is unconstitutional and violates women’s privacy rights.
The law would ban abortions sought due to fetal genetic abnormalities, such as Down syndrome, or because of the race, sex or ancestry of a fetus. If upheld, Indiana would join North Dakota as the only two states to ban abortions sought due to genetic fetal abnormalities.
U.S. District Court Judge Tanya Walton Pratt said during Tuesday’s hearing on the injunction request that it appeared clear the new law would invade the privacy of some women by preventing them from getting an abortion.
“How can it be described as anything but a prohibition on the right to an abortion?” Pratt asked Indiana Solicitor General Thomas Fisher during the hour-long hearing.
Fisher said the new law is a response to DNA testing advances that permit fetuses to be screened for genetic defects or to determine their sex. He said the state has an interest in “preventing discrimination” against fetuses slated for abortion based on such test results.
Fisher said the case before Pratt “is about understanding the limits” of the U.S. Supreme Court’s landmark 1973 Roe v. Wade decision upholding a woman’s right to an abortion and its 1992 Planned Parenthood v. Casey ruling which found states generally can regulate abortion unless doing so places an undue burden on women.
“We acknowledge that in many respects this case is the first of its kind,” he told Pratt.
The American Civil Liberties Union of Indiana joined Planned Parenthood in challenging the new law. Its legal director, Ken Falk, is representing Planned Parenthood in the case.
Falk told Pratt that Indiana’s law is clearly unconstitutional under the high court’s abortion rulings.
“The point is, what we are talking about is the right to privacy, the right to make this very personal decision without interference from the state,” he said.
If the law takes effect, Falk said women seeking an abortion because test results show their fetus may have a genetic defect, or women who don’t want to have a child due to their own genetic predisposition to a serious illness would not be able to get one in Indiana.
Republican Gov. Mike Pence signed the measure in March after it was approved by Indiana’s Republican-dominated Legislature. The measure passed over the objections of many female legislators, including Republicans, who said it would go too far.
Indiana’s law would also require that aborted fetuses be disposed of through burial or cremation. Planned Parenthood is also challenging the fetal disposal provision, as is Indiana University in a separate lawsuit which argues that it would prevent its scientists from acquiring fetal tissue for scientific research and sharing it with other institutions.
Falk said Planned Parenthood currently disposes of aborted fetuses by incineration. He said aborted fetuses are not considered human beings and they should be destroyed in the same manner by which an amputated arm or other tissue removed through surgery is destroyed.
Pratt said she would rule “very soon,” with a decision coming before July 1.
Indiana Attorney General Greg Zoeller issued a statement after Tuesday’s arguments saying his office is obligated to defend the statute.
“It is part of our system of checks and balances that challenges to newly enacted legislation are brought to court to have the judicial branch listen to both sides and verify whether a statute the Legislature drafted and passed is constitutional; and the State’s lawyers have a duty to defend the statute. Oral argument is the one opportunity for the lawyers to speak directly to the court and for the court to ask questions of the lawyers, and such questions are a normal part of judicial review expected in such cases. This is an emotional subject for many, but we urge respect for the court and the process,†Zoeller said.
Evansville Man Found Guilty Of Rape
An Evansville man was found guilty of rape by a Vanderburgh County jury following a one-day trial on Monday.
Kashif A. Weathers, 24, was convicted of Rape, a Level 3 felony, and Criminal Confinement, a Level 6 felony. The incident Weathers is accused of occurred on July 17, 2015. The 12-person jury took only a couple of hours to find him guilty.
Weathers will be sentenced by Superior Court Judge Robert Pigman at 1 p.m. on July 12. He could face up to 16 years in prison for the Level 3 felony.
Governor Pence to Offer Remarks at WinField Crop Adventure Grand Opening at Fair Oaks Farms
Indianapolis — Governor Mike Pence will offer remarks at the WinField Crop Adventure Grand Opening at Fair Oaks Farms. The WinField Crop Adventure offers an interactive exhibit for students and families to learn about modern agriculture and the impact of farming in everyday life. Governor Pence will be joined by United States Secretary of Agriculture Tom Vilsack, President and CEO of Land O’Lakes, Inc. Chris Policinski, co-founder of Fair Oaks Farms Mike McCloskey, Indiana’s Lieutenant Governor Eric Holcomb, and Director of the Indiana State Department of Agriculture Ted McKinney. Details below.
Wednesday, June 15:
2:15 p.m. CDT — Governor Pence to offer remarks at WinField Crop Adventure Grand Opening at Fair Oaks Farms
*Media are welcome to attend and are asked to RSVP to Vanessa Wiener at vanessa.wiener@collemcvoy.com or Bill Brozak atbill.brozak@collemcvoy.com.
Fair Oaks Farms – 856 North 600 East, Fair Oaks, IN
Adopt A Pet
 Dixie is a 5-year-old female Chihuahua! She lived with several other dogs in her previous home, and now she and Papi are here due to landlord issues. Dixie’s $120 adoption fee includes her spay, microchip, vaccines, and heartworm test. Stop by the shelter Tuesday-Saturday 12-6, call (812) 426-2563, or visit www.vhslifesaver.org for adoption information!
READERS FORUM JUNE 14, 2016
WHAT’S ON YOUR MIND TODAY?
FOOTNOTES: Our next “IS IT TRUE†will be posted on this coming Friday.
Todays READERS POLL question is: Are you pleased with members of Evansville City Council voting on important issues without little discussion?
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A Beautifully Choreographed Study In Collaborative Government
Last night’s City Council meeting was a beautifully choreographed study in collaborative government. Not a single “nay†vote was cast during the meeting.  Granted, most of the issues taken up were largely non-controversial. It was mostly re-zonings , accompanied by the a reciprocal agreement between the cities of Henderson and Evansville Fire Departments in case of a disaster. Fire Chief Mike Connolley delivered some good news to the Council when he informed them that money from a federal grant had been used to get firefighters a second set of gear. That will make it possible to get gear that is contaminated with carcinogens cleaned immediately and reduce the exposure to toxic materials.
We heard from Russ Lloyd about some fund-shuffling from the Riverboat Fund. Money from the Street and Road Fund is being replaced with boat money, as it is a capital expenditure. We expect this will be a regular occurrence until the $13 million that is not yet allocated is gone. Â The City-County Plan for 2016 to 2035 was passed with praise for the plan and the Area Plan Commission. Â No questions were asked, and no details offered. The Town of Darmstadt must also approve it, and we suspect there may be some questions when it is presented there.
Kelly Coures made his regular appearance to seek permission to juggle some DMD funds, when he told the Council that ECHO housing is passing a $30,000 grant it received along to AURORA, the homeless outreach program. The unexpected cut in Federal funding to that agency has left the city scrambling to find operating cash to keep the agency afloat. Coures also told the Council members about a press conference given earlier in the day, in which Councilman Weaver announced the kick-off of a Capital Campaign for AURORA, which will seek to raise $160,000 to devote to the operation of the agency.
DMD Director Kelly Coures  told City Council that he needs some extra money for paying for rooms for the neighborhood representatives that will be attending the Regional Neighborhoods Conference in Illinois.  He said DMD didn’t set aside enough to pay for the block of rooms they are furnishing for the various neighborhood activists that have been chosen to represent Evansville. Course never explained what kind of accommodations the Evansville tax payers was furnishing the collaborative neighborhood folks, not one Council member questioned it.
We had the distinct feeling that we were watching an amateur theater presentation instead of a meeting of the governing body of a vibrant city.
On the plus side, it does appear that Missy Mosby is beginning to be more familiar with Roberts Rules and is reading her lines better.
GREGG/HALE ANNOUNCE PLAN TO GROW JOBS, STIMULATE THE ECONOMY Â
INDIANAPOLIS – Vowing to focus on the state’s economic vitality and not divisive social issues, today Democratic candidate for governor John Gregg announced a comprehensive 35-point plan to move Indiana forward.
Joined at the announcement by his running mate, State Rep. Christina Hale, the Gregg/Hale Economic Growth Plan includes detailed proposals to grow higher-wage jobs, attract and retain business and better prepare the Hoosier workforce for jobs of the future.
“While Mike Pence has been obsessing over social issues, Hoosier working families are falling further and further behind,†said Gregg, a former university president and Speaker of the Indiana House of Representatives. “We need to reset our priorities and refocus on the big mission of economic growth for all Hoosiers in all communities across the state. That’s what our proposal does.â€
It is the eighth in a series of policy proposals already released by the campaign. In addition to specific policy proposals, the Gregg/Hale Economic Growth Plan outlines benchmarks by which their administration will measure the state’s progress. Those metrics include reversing Indiana’s population decline, raising wages and increasing the number of Hoosiers with two-year degrees or more.
“Our plan takes the best ideas from business, labor, entrepreneurs, academic and economic development leaders to streamline programs, cut waste, better utilize our tax dollars and build upon the good things that have already been done,†said State Rep. Christina Hale, a former Kiwanis International executive. “Indiana’s economic challenges won’t be solved overnight, that’s why setting measurable goals and developing a long-term, strategic plan like this is so critically important. It’s about results.â€
Specifically, the Gregg/Hale Economic Growth Plan includes:
• Building and Retaining a Skilled Workforce. As governor, Gregg will institute an optional pre-school for all 4-year olds across the state; pass a workshare program into law to secure more jobs; map existing workforce training efforts to create better coordination among service providers; and target more of the state’s training dollars towards high-wage, high-growth sectors of the economy: life sciences, advanced manufacturing, agribusiness, information technology and 21st century logistics.• Growing Indiana Small Business. Indiana ranks 47th in the nation for business startups. To spur growth Gregg will eliminate the 21st Century Research and Development Fund and repurpose its $40 million into a venture capital matching grant and loan program called the GO Fund; update the state’s venture capital tax credit; support the creation of business incubators in rural communities; order a review of the state’s tax code to help small business and; decouple state contracts so more Hoosier businesses can compete for state work.
• Supporting Existing Business. Gregg’s plans call for revitalizing the state’s trade and export assistance efforts to help small and medium sized Hoosier businesses; creating a taskforce to fight tax fraud; improving broadband access in underserved areas and; mapping Indiana’s water and sewer infrastructure in order to prioritize future projects.
• Streamlining the State’s Economic and Training Efforts. Gregg will diversify the Indiana Economic Development Corporation board to include education, infrastructure and workforce experts and will require quicker turnarounds and more transparency in the agency; work with the state’s 69 airports to better utilize land for new economic development opportunities; and align all state agency service maps to ensure greater collaboration and support to local communities.
• Leveraging Partnerships. Gregg will seek legislation to give local governments the flexibility to use local option income taxes for economic development and quality of life projects and; he will designate a staffer within the governor’s office to work with the $6 billion philanthropic community in Indiana to better coordinate efforts, secure funding for state projects and develop new partnerships.
• Rebuilding the State’s Reputation. With the state’s economy still suffering from Governor Pence’s discriminatory Religious Freedom Restoration Act, Gregg will work to repeal the law, update the state’s civil rights code to include LGBT Hoosiers and create a public-private advertising fund to help repair the state’s image.
The Gregg/Hale Economic Growth Plan will be funded using existing dollars within the state budget and will require no additional funding. To read the entire plan, click here or visit http://www.greggforgovernor.com/issues/economic-growth/
For more information on John Gregg, Christina Hale or their campaign, please visit www.greggforgovernor.comor call 317-510-1876.
7th Circuit Affirms Government Employees Must Resign After Elected To Office
7th Circuit Court Affirms Government Employees Must Resign After Elected To Office
Scott Roberts for www.theindianalawyer.com
The 7th Circuit Court of Appeals upheld an Indiana law that prevents people employed by the government to also hold elected office in the same municipality they are employed in. The law was challenged by a host of individuals who both serve on city and town councils and work for the same town as police officers, office managers and firefighters.
Led by Matthew Claussen, the plaintiffs claimed the law violated their First Amendment rights as well as their rights under the Equal Protection Clause of the 14th Amendment. Passed in 2012, Indiana Code 3-5-9-5 states†an individual is considered to have resigned as a government employee when the individual assumes an elected office of the unit that employs the individual.â€
The plaintiffs sued the state of Indiana and the Indiana State Board of Accounts in the Northern District of Indiana, and the state field a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). The defendants amended their complaint before the ruling and substituted Indiana Gov. Mike Pence as defendant. The District Court granted the motion to dismiss.
Circuit Court Judge Joel Flaum pointed out in his decision that the Indiana law falls within the bounds of settled U.S. Supreme Court precedent and noted that time and again the Supreme Court has upheld the constitutionality of “resign-to-run†laws. While Indiana’s law does not force a candidate to resign if they want to run for elected office in the same municipality they are employed in, it does make them resign if they are elected.
Plaintiffs argued the right to hold office is derived from the right to vote and is a fundamental right, and the law burdens voters by limiting the field of candidates from which they may choose. However, the 7th Circuit said the right to assume or hold office once elected is not a fundamental right and said “there is ‘no palpable distinction’ between a prohibition on running for office and a prohibition on holding office,†citing Krisher v. Sharpe 763 F. Supp. 1313, 1319 (E.D. Pa 1991).
The law must balance an individual’s First Amendment rights with public interest, Flaum said, and in this case the public interest outweighs the First Amendment rights. Flaum wrote, “Indiana has a genuine and compelling interest in avoiding corruption and self?dealing and the appearance of such things,†and allowing civil servants to serve on a legislative body where they can set their own salary “provides an opportunity for self-dealing and gives the appearance of possible corruption.†There may also be laws that come up for vote that an elected official might have a particular interest in.
Plaintiffs’ 14th Amendment claims also fail because the law passes a rational basis analysis test. They claimed government contractors and civil servants derive a financial benefit from the government employing them, but only the civil servants are subject to the law. However, Indiana subjects contractors to extensive disclosure requirements and the state does not have to address all manifestations of corruption at once.
The case is Matthew D. Claussen, et al. v. Michael R. Pence, Governor of the State of Indiana, et al., 16-1003.