American Center for Law and Justice files brief at U.S. 7th Circuit in support of Indiana law defunding Planned Parenthood

August 9, 2011

The American Center for Law and Justice (ACLJ) filed a brief at the U.S. 7th Circuit Court of Appeals on Monday, August 8, in support of Indiana law that removes all state-directed funding for businesses that do abortions, including Indiana’s largest abortion business Planned Parenthood.

“HEA 1210 is not rendered unreasonable or inconsistent with federal Medicaid law simply because it bolsters Indiana’s strong interests in encouraging childbirth and ensuring that abortions are not directly or indirectly subsidized by public funds,” the brief contends. “Indiana may reasonably conclude that sending large sums of public funds to abortion providers that also provide non-abortion services within the same organization serves to indirectly subsidize abortion activities.”

The brief asserts that Indiana has a legal right to determine how the Medicaid dollars entrusted to it for administering are distributed.

According to the brief: “Federal Medicaid statutes and regulations give States broad discretion to craft the rules applicable to their Medicaid programs. Congress left intact the States’ authority to determine what makes an entity qualified to provide Medicaid services, 42 U.S.C. § 1396a(p)(1), while ensuring that Medicaid recipients may utilize any practitioner deemed to be qualified under State law, 42 U.S.C. § 1396a(a)(23). Since HEA 1210 does not limit a beneficiary’s ability to choose among providers that are deemed to be qualified, it is consistent with federal Medicaid law.”

The ACLJ brief represents 40 members of Congress and over 25,000 Americans.  Indiana members of Congress represented by the brief include congressmen Larry Bucshon, Dan Burton, Mike Pence, Todd Rokita, Marlin Stutzman, and Todd Young.

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