Free speech of Indiana judicial candidates remains chilled under Seventh Circuit ruling

August 23, 2010

On Friday, August 20, 2010, the Seventh Circuit upheld as constitutional all of the canons challenged in the judicial canons case in which Indiana Right to Life is a plaintiff. The case is directly related to Indiana Right to Life’s 2008 judicial candidate survey in which judicial candidates were asked to share their views on disputed legal or political issues. Indiana Right to Life believes judicial candidates may clearly express their views on legal and political issues without fear of being sanctioned by judicial or legal ethics authorities for doing so. Republican Party of Minnesota v. White, 122 S. Ct. 2528 (2002).

Opinion Seventh Circuit August 20 2010

Indiana Right to Life certainly recognizes that judicial candidates should maintain actual and apparent impartiality. Thus, Indiana Right to Life recognizes that judicial candidates should not pledge or promise certain results in particular cases. Nevertheless, in judicial elections, voters need to know the views of judicial candidates in order to make intelligent and conscientious decisions regarding candidates’ general views on the law and personal values. This questionnaire is intended to elicit candidates’ views on issues of vital interest to the constituents of Indiana Right to Life without subjecting candidates answering its questions to accusations of partiality or requiring candidates to recuse themselves in future cases.

With regard to the solicitation and partisan activities clause, the Court followed the recent Siefert decision, applying what Indiana Right to Life believes is the wrong legal standard to the clauses to find them constitutional. It upheld the commits clause, stating that Indiana Right to Life’s questionnaire only asks for announcements, not commitments and that any vagueness as to the reach of the clause can be fixed through advisory opinions or through enforcement proceedings against judges. The recusal clause the Court upholds because the state is permitted to regulate the speech of its employees.

The overarching sentiment of the decision is that judges and judicial candidates have available to them a Commission that can tell them what they can or cannot do and that can make exceptions for them on a case by case basis. The Court seems to believe this is a satisfactory means by which to strike the balance between free speech and impartiality. The inherent chill on speech because of such an process seems to be of little concern to the Court.

Allen County Right to Life press advisory on patient safety ruling issued by federal judge

August 13, 2010

Press Contact: Cathie Humbarger, Executive Director-Allen County Right to Life

3409 Conestoga Drive, Suite A, Fort Wayne, IN 46808

(260) 471-1849 Office (260) 615-1961 Cell

cathie.humbarger@ichooselife.org

August 12, 2010

NEWS RELEASE

FOR IMMEDIATE RELEASE

US DISTRICT COURT RULES MOST IMPORTANT ASPECTS OF PATIENT SAFETY ORDINANCE CAN GO INTO EFFECT
In a ruling handed down today by the US District Court for the Northern District of Indiana, most of an abortion provider’s motion to stop critical aspects of a new Patient Safety Ordinance was denied. The Court acknowledged the home rule right of the Allen County Board of Commissioners to enact legislation protecting patients of itinerant doctors, including but not limited to, mothers who have been treated by local abortionist Dr. Ulrich Klopfer, denying him a substantial part of his motion for preliminary injunction, and allowing continued enforcement of the most vital provisions of the ordinance. Klopfer represented by the American Civil Liberties Union of Indiana and the Center for Reproductive Rights filed a lawsuit in May attacking the county’s new ordinance, designed to protect patient health and safety in Allen County. Cathie Humbarger Executive Director of Allen County Right to Life said, “The Allen County Right to Life Committee is extremely pleased with this first round win supporting the efforts of the Allen County Commissioners to protect the well being of patients treated by itinerant physicians in our county.”

Following is a statement from Alliance Defense Fund Senior Legal Counsel Steven H. Aden who is participating in the defense of Allen County in this case:
“A patient’s health is more important than an abortionist’s bottom line. The county simply can’t put the health and safety of patients at risk because one man wants to perform abortions without a sensible safety precaution that applies to all out-of-town physicians, not just abortionists. The ordinance is very clearly designed to make sure that patients receive appropriate treatment in a medical emergency that can arise after an itinerant physician has gone back home and is no longer available to care for the patient.”

The Alliance Defense Fund explains that the provisions of the new rule requires that itinerant physicians–those who only have part-time or temporary offices in the county–must provide patients and area hospitals with 24-hour contact information and the name of a second physician designated for patient follow-up. The information is necessary in the event of medical emergencies that arise from the treatment itinerant doctors provide, as they are not always available after they leave the county and return home.
The U.S. District Court for the Northern District of Indiana issued a preliminary injunction against some aspects of the ordinance involving health department inspections but is allowing most of the ordinance’s provisions to go into effect while litigation over the new law continues.

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Detailed Susan B. Anthony List bus tour schedule

August 6, 2010

Here is the current list of venues and speakers for the Susan B. Anthony List’s “Votes Have Consequences” bus tour in Indiana August 10-14:

Tuesday, August 10

12:15 PM –Muncie, IN
Location: Heekin Park Vietnam Veteran’s Memorial E Memorial Drive at S Monroe St.
Muncie, IN 47302
Speakers Joining Marilyn Musgrave:TBA

2:45 PM –Fort Wayne, IN
Location: Courthouse Plaza 700 South Clinton St. Fort Wayne, IN 46802
Speakers Joining Marilyn Musgrave:
Liz Brown–Councilwoman, Fort Wayne City
Karla DiFilippo–Coordinator, 40 Days for Life
Kathy Heuer–Candidate, Indiana House of Representatives, District 83
Paula Hughes–Allen County Councilwoman, Second District
Cathie Humbarger–Executive Director, Allen County Right to Life
Sharon Kuhn–The Liberty Coalition
Kris Opper–Coordinator, Northeast Indiana Silent No More

5:30 PM –Elkhart, IN
Location: Kardzhali Park (DirectlyAdjacent to Nibco Park 303 Nibco Parkway Elkhart, IN 46516)
Speakers Joining Marilyn Musgrave:
Mary Akre–Campaign Director, 40 Days for Life
Wes Culver–Indiana State Representative, District 49
Cathie Humbarger– Communications Director, Indiana Right to Life
Dr. Ron Johnson, Jr.–Executive Director, Indiana Pastors Alliance
Doug Moore–WFRN Radio

Wednesday, August 11, 2010

8:45 AM –South Bend, IN
Location: Jon R. Hunt Plaza 211 N. Michigan St. South Bend, IN 46601
Speakers Joining Marilyn Musgrave:
Tom Minnery–Senior Vice President, CitizenLink
Mary Akre–Campaign Director, 40 Days for Life
Tom Gill–President, Saint Joseph County Right to Life
Cathie Humbarger– Communications Director, Indiana Right to Life
Mia Reini–Volunteer, Gabriel Project
Theresa Thomas –Author, Stories for the Homeschool Heart

10:45 AM –Rochester, IN
Location: Rochester Park West 13th St. Rochester, IN 46975
Speakers Joining Marilyn Musgrave:
Tom Minnery–Senior Vice President, CitizenLink
Cathie Humbarger– Executive Director, Allen County Right to Life
Ryan McCann-Executive Director, Indiana Family Action

12:30 PM –Kokomo, IN
Location: Foster Park 300 W Superior St. Kokomo, IN 46901 (Near Band Shell)
Speakers Joining Marilyn Musgrave:
Tom Minnery–Senior Vice President, CitizenLink
Cathie Humbarger– Communications Director, Indiana Right to Life
Ryan McCann-Executive Director, Indiana Family Action

2:30 PM –Lafayette, IN
Location: Columbian Park 1915 Scott Street Lafayette, IN 47904 (Park Ave. Side/Opposite side of the park from the Zoo)
Speakers Joining Marilyn Musgrave:
Tom Minnery–Senior Vice President, CitizenLink
Cathie Humbarger–Communications Director, Indiana Right to Life
Collin Knolhoff–Member and Featured Speaker, Tippecanoe County Right to Life
Ryan McCann-Executive Director, Indiana Family Action

4:15 PM –Crawfordsville, IN
Location: Marie Canine Plaza Corner of Main and Green Crawfordsville, IN 47933
Speakers Joining Marilyn Musgrave:
Tom Minnery–Senior Vice President, CitizenLink
Cathie Humbarger–Communications Director, Indiana Right to Life
Ryan McCann–Executive Director, Indiana Family Action

Thursday, August 12, 2010

8:45 AM –Terre Haute, IN
Location: Fairbanks Park 900 Dresser Dr. Terre Haute, IN 47807 (by the arches)
Speakers Joining Marilyn Musgrave:
Tom Minnery–Senior Vice President, CitizenLink
Jennifer Buell–Chairman, Wabash Valley Right to Life
Bob Heaton–Candidate, Indiana House District 46
Mary Howard–Representative, 40 Days for Life
Tom McBroom–Secretary/Treasurer, Wabash Valley Right to Life
Ryan McCann–Executive Director, Indiana Family Action

10:45 AM –Vincennes, IN
Location: George Rogers Clark Memorial 401 South 2nd St. Vincennes, IN 47591
Speakers Joining Marilyn Musgrave:
Tom Minnery–Senior Vice President, CitizenLink
Ryan McCann–Executive Director, Indiana Family Action
Kristi Risk–Owen Valley Right to Life
Father John Sasse–Associate Pastor, St. John the Baptist and St. Vincent De Paul Parish

11:45 AM CDT –Evansville, IN
Location: Riverfront Park 3rd and SE Riverside Dr. Evansville, IN 47708
Speakers Joining Marilyn Musgrave:
Tom Minnery–Senior Vice President, CitizenLink
Holly Sullivan–Women ROC
Mary Ellen VanDyke–Executive Director, Right to Life of Southwest Indiana

2:45 PM –Jasper, IN

Location: County Courthouse Intersection of 6th St. and Main St. Jasper, IN (Tentative)
Speakers Joining Marilyn Musgrave:
Tom Minnery–Senior Vice President, CitizenLink
Steve Uhlebelor–Right to Life of Huntingburg

Friday, August 13, 2010

8:45 AM –New Albany, IN
Location: Waterfront Park 100 E Water St. New Albany, IN 47150
Speakers Joining Marilyn Musgrave:
Sandra Naugle–President, Board of Directors, Southern Indiana Right to Life
Alison Slatter–Local Pro-life Activist
Sue Swayze–Lobbyist and PAC Field Coordinator, Indiana Right to Life

10:45 AM –Seymour, IN
Location: Shields Park 451 E 6th St. Seymour, IN 47274
Speakers Joining Marilyn Musgrave:
Alison Slatter–Local Pro-life Activist

Sue Swayze– Lobbyist and PAC Field Coordinator, Indiana Right to Life

12:15 PM –Columbus, IN
Location: Robert D. Garton Veterans Plaza Corner of 1st St. and Jackson St. Columbus, IN (Tentative)
Speakers Joining Marilyn Musgrave:
Alison Slatter–Local Pro-life Activist
Sue Swayze– Lobbyist and PAC Field Coordinator, Indiana Right to Life
Greg Walker-Indiana State Senator, District 41

1:45 PM –Franklin, IN
Location: Province Park Franklin, IN 46131 (Tulip Picnic Area Inside South St. Entrance)
Speakers Joining Marilyn Musgrave:
Alison Slatter–Local Pro-life Activist
Sue Swayze– Lobbyist and PAC Field Coordinator, Indiana Right to Life
Greg Walker-Indiana State Senator, District 41

3:15 PM –Indianapolis, IN
Location: Indiana State Capitol, Southwest Side
Speakers Joining Marilyn Musgrave:
Patricia Miller–Indiana State Senator, District 32, Chairman, Senate Health Committee
Alison Slatter–Local Pro-life Activist
Sue Swayze– Lobbyist and PAC Field Coordinator, Indiana Right to Life
Marc Tuttle–President, Indianapolis Right to Life

Saturday, August 14, 2010

9:00 AM State Fair in Indianapolis

Positive solutions: South Carolina abortion clinic now a PRC

August 5, 2010

An old abortion clinic on Laurens Road in Greenville had a new tenant on Wednesday.

Little Steps is a center for pregnant teenagers and young parents.

When the organization took over the building in March it was a dilapidated, moldy mess.

But with the help of volunteers from Newspring Church, they have turned the dingy space into a playroom for children and classrooms for their parents.

The teenage moms and dads take classes to earn “baby bucks.” They use the bucks to buy things like clothes, diapers, toys and baby food.

“A lot of people understand, ‘OK, we don’t want kids to have abortions,’ but what happens next?” said Little Steps founder Mandy Black. “Little Steps is kind of what happens next for these young families to figure out how to take care of themselves and take care of a baby.”

Little Steps is having an open house at its new location later this month. Classes for young parents begin Aug. 31.

Black said Little Steps is always seeking donations of diapers and money.

Schedule announced for SBA List bus tour

August 5, 2010

Susan B. Anthony List Press Advisory

FOR IMMEDIATE RELEASE: Thursday, August 5, 2010
CONTACT: Kerry Brown at (703) 470-1926 or kbrown@sba-list.org

*** MEDIA ADVISORY ***

SUSAN B. ANTHONY LIST TO LAUNCH 23-CITY ‘VOTES HAVE CONSEQUENCES’ BUS TOUR: ABORTION IS NOT HEALTH CARE

Tour Takes Voter Message to Districts of ‘Pro-Life’ Democrats Who Voted for Health Care Bill

OHIO, INDIANA, PENNSYLVANIA ─ From Tuesday, August 10 to Monday, August 16th, 2010 the Susan B. Anthony List will stop (respectively) in Cincinnati, OH; Muncie, Fort Wayne, Elkhart, South Bend, Rochester, Kokomo, Lafayette, Crawfordsville, Terre Haute, Vincennes, Evansville, Jasper, New Albany, Seymour, Columbus, Franklin and Indianapolis, IN; Toledo, OH; Erie, Meadville, Grove City and Butler, PA as part of a 23-city tour and national voter education effort in the home districts of Members of Congress with the message that “votes have consequences.” Pro-life activists at the local and state levels will join forces to send “pro-life” Democrats Steve Driehaus (OH-01), Marcy Kaptur (OH-09), Brad Ellsworth (IN-08), Baron Hill (IN-09), Joe Donnelly (IN-02) and Kathy Dahlkemper (PA-03) who voted in favor of the health care bill including taxpayer-funded abortion the message that “Votes Have Consequences.”

Each tour stop will focus on showing these representatives that their votes for the Patient Protection and Affordable Care Act was a vote in favor of taxpayer-funded abortion and a vote that betrayed their pro-life constituents.

WHO: Marilyn Musgrave, Program Director of the Susan B. Anthony List’s “Votes Have Consequences” Project; Various local grassroots speakers

WHERE / WHEN:

Tuesday, August 10
8:45 AM Cincinnati, OH
12:15 PM Muncie, IN
2:45 PM Fort Wayne, IN
5:30 PM Elkhart, IN

Wednesday, August 11
8:45 AM South Bend, IN
10:45 AM Rochester, IN
12:30 PM Kokomo, IN
2:30 PM Lafayette, IN
4:30 PM Crawfordsville, IN

Thursday, August 12
8:45 AM Terre Haute, IN
10:45 AM Vincennes, IN
11:45 AM CDT Evansville, IN
2:45 PM EST Jasper, IN

Friday, August 13
8:45 AM New Albany, IN
10:45 AM Seymour, IN
12:15 PM Columbus, IN
1:45 PM Franklin, IN
3:15 PM Indianapolis, IN

Saturday, August 14
8:45 AM State Fair in Indianapolis, IN

Sunday, August 15
12:45 PM Toledo, OH

Monday, August 16, 2010
8:45 AM Erie, PA
10:30 AM Meadville, PA
12:15 PM Grove City, PA
1:45 PM Butler, PA

WHY: Marilyn Musgrave states, “During the health care battle, the abortion issue was a pivot point for the passage or failure of the entire bill. ‘Pro-life’ Democrats chose a last-minute fig leaf over standing up for the pro-life American majority they claimed to represent. We promised then that their vote would have consequences and that we would work hard to inform voters of their betrayal. For not one minute have we let up on that promise and next week we will take this message on the road directly to the voters in a 23-city bus tour. Votes have consequences and, for these pro-life betrayers, it will be a quick downhill slide to defeat in November.”

The Susan B. Anthony List is focusing its efforts in the districts of “pro-life” Democrats Steve Driehaus (OH-01), Marcy Kaptur (OH-09), Brad Ellsworth (IN-08), Baron Hill (IN-09), Joe Donnelly (IN-02) and Kathy Dahlkemper (PA-03) as part of its $1.5 million voter education effort, which includes this 23-city “Votes Have Consequences” bus tour. During the health care battle, the SBA List spent over $3 million in the fight to keep taxpayer-funded abortion out of the health care bill. SBA List has committed another $1.5 million to defeat “pro-life” Democrats who voted for the bill. The first two victories of this effort were Rep. Bart Stupak’s (MI-01) resignation in April and Rep. Alan Mollohan’s (WV-01) primary election defeat in May.

The Susan B. Anthony List is a nationwide network of Americans, over 280,000 residing in all 50 states, dedicated to mobilizing, advancing, and representing pro-life women in politics. Its connected Candidate Fund increases the percentage of pro-life women in the political process.

For further information, please contact Kerry Brown at 703-470-1926 or kbrown@sba-list.org.

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