{"id":833,"date":"2011-08-08T17:16:48","date_gmt":"2011-08-08T21:16:48","guid":{"rendered":"http:\/\/blog.beliefnet.com\/faithandjustice\/?p=833"},"modified":"2011-08-08T17:16:48","modified_gmt":"2011-08-08T21:16:48","slug":"u-s-reps-americans-back-ind-law-defunding-planned-parenthood","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/08\/u-s-reps-americans-back-ind-law-defunding-planned-parenthood.html","title":{"rendered":"U.S. Reps &amp; Americans Back Ind. Law Defunding Planned Parenthood"},"content":{"rendered":"<p>It is a bold move in the fight to protect life.<\/p>\n<p>I&#8217;m talking about Indiana&#8217;s new state law that prohibits federal funds it receives from going to abortion providers like Planned Parenthood.<\/p>\n<p><a href=\"http:\/\/aclj.org\/planned-parenthood\/backing-indiana-to-stop-funding-planned-parenthood\" target=\"_blank\">I first wrote about this issue in June<\/a>\u00a0and noted that this law was immediately challenged in federal court by Planned Parenthood and the ACLU &#8211; with the backing of the Obama Administration &#8211; claiming the law violates a federal statute. Now, the legal battle has moved to the U.S. Court of Appeals for the Seventh Circuit after the enforcement of this law was put on hold following a federal court granting a motion for a preliminary injunction.<a href=\"http:\/\/blog.beliefnet.com\/faithandjustice\/files\/2011\/07\/shutterstock_3350951.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"alignright size-medium wp-image-640\" src=\"https:\/\/wp-media.beliefnet.com\/sites\/240\/2011\/07\/shutterstock_3350951-300x198.jpg\" alt=\"\" width=\"300\" height=\"198\" \/><\/a><\/p>\n<p>Today, <a href=\"http:\/\/c0391070.cdn2.cloudfiles.rackspacecloud.com\/pdf\/aclj-s-amicus-brief-supporting-indiana-law-defunding-planned-parenthood.pdf\" target=\"_blank\">we filed a significant amicus brief\u00a0at the 7th Circuit<\/a> &#8211; on behalf of 41 members of Congress &#8211; and more than 25,000 Americans &#8211; urging the appeals court to reverse the lower court decision and uphold the Indiana law.<\/p>\n<p>At issue: House Enrolled Act (HEA) 1210 &#8211; signed into law in May by Indiana Governor Mitch Daniels. The measure is important because it prohibits the distribution of federal Medicaid funds it receives to organizations like Planned Parenthood that perform abortions. The new law provides, in pertinent part: &#8220;An agency of the state may not: (1) enter into a contract with; or (2) make a grant to; any entity that performs abortions or maintains or operates a facility where abortions are performed that involves the expenditure of state funds or federal funds administered by the state.&#8221;<\/p>\n<p><a href=\"http:\/\/www.lifenews.com\/2011\/08\/08\/members-of-congress-back-indiana-planned-parenthood-de-funding\/\" target=\"_blank\">Our amicus brief argues that the Indiana law is consistent with federal statutes and is appropriate.<\/a><\/p>\n<p>&#8220;HEA 1210 is not rendered unreasonable or inconsistent with federal Medicaid law simply because it bolsters Indiana\u2019s strong interests in encouraging childbirth and ensuring that abortions are not directly or indirectly subsidized by public funds,&#8221; the brief contends. &#8220;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.&#8221;<\/p>\n<p>The brief asserts that Indiana has a legal right to determine how the Medicaid dollars entrusted to it for administering are distributed.<\/p>\n<p>According to the brief: &#8220;Federal Medicaid statutes and regulations give States broad discretion to craft the rules applicable to their Medicaid programs. Congress left intact the States\u2019 authority to determine what makes an entity qualified to provide Medicaid services, 42 U.S.C. \u00a7 1396a(p)(1), while ensuring that Medicaid recipients may utilize any practitioner deemed to be qualified under State law, 42 U.S.C. \u00a7 1396a(a)(23). Since HEA 1210 does not limit a beneficiary\u2019s ability to choose among providers that are deemed to be qualified, it is consistent with federal Medicaid law.&#8221;<\/p>\n<p><a href=\"http:\/\/blog.beliefnet.com\/faithandjustice\/files\/2011\/07\/shutterstock_39183733.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"alignleft size-medium wp-image-504\" src=\"https:\/\/wp-media.beliefnet.com\/sites\/240\/2011\/07\/shutterstock_39183733-300x194.jpg\" alt=\"\" width=\"300\" height=\"194\" \/><\/a>Also, our brief, which is posted <a href=\"http:\/\/c0391070.cdn2.cloudfiles.rackspacecloud.com\/pdf\/aclj-s-amicus-brief-supporting-indiana-law-defunding-planned-parenthood.pdf\" target=\"_blank\">here<\/a>, urges the appeals court to overturn the lower court decision saying it is concerned by the Plaintiff&#8217;s &#8220;novel claim that abortion providers have a constitutional right to perform abortions and receive public funds; if accepted, this argument would unduly restrict the policy discretion that Congress and state and local governments have to decide how to spend public funds.&#8221;<\/p>\n<p>In our brief, we represent 41 members of the U.S. House of Representatives, including the entire GOP Indiana delegation in the House. Here&#8217;s the complete list of the House members that we represent: Michele Bachmann, Larry Bucshon, Dan Burton, Francisco \u201cQuico\u201d Canseco, Michael Conaway, John Fleming, Bill Flores, Randy Forbes, Virginia Foxx, Trent Franks, Scott Garrett, Vicky Hartzler, Jeb Hensarling, Tim Huelskamp, Randy Hultgren, Lynn Jenkins, Bill Johnson, Walter Jones, Jim Jordan, Mike Kelly, Steve King, John Kline, Doug Lamborn, Jeff Landry, James Lankford, Robert Latta, Kenny Marchant, Thaddeus McCotter, Cathy McMorris Rodgers, Jeff Miller, Alan Nunnelee, Ron Paul, Mike Pence, Joe Pitts, Mike Pompeo, Todd Rokita, Chris Smith, Lamar Smith, Marlin Stutzman, Glenn Thompson, and Todd Young.<\/p>\n<p>We also represent more than 25,000 Americans who signed on to our Committee to Defund Planned Parenthood&#8217;s Abortions at the State Level &#8211; many of you who understand that Indiana is on the right track with this measure.<\/p>\n<p>The fact is that the state of Indiana and other states do have the constitutional authority to determine how it spends federal funds. Consider this: Planned Parenthood receives more than $350-million a year in taxpayer funds.<\/p>\n<p>Indiana&#8217;s decision to no longer use federal money to fund Planned Parenthood &#8211; the nation&#8217;s largest abortion provider &#8211; is not only a constitutionally sound decision, but one we hope is implemented in other states across the country.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>It is a bold move in the fight to protect life. I&#8217;m talking about Indiana&#8217;s new state law that prohibits federal funds it receives from going to abortion providers like Planned Parenthood. I first wrote about this issue in June\u00a0and noted that this law was immediately challenged in federal court by Planned Parenthood and the&hellip;<\/p>\n","protected":false},"author":401,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[30,97,31],"tags":[269,750,743,88,178,771,268,271,272,751,177,789],"class_list":["post-833","post","type-post","status-publish","format-standard","hentry","category-abortion","category-indiana","category-planned-parenthood","tag-7th-circuit-appeals-court","tag-abortion","tag-aclj","tag-amicus-brief","tag-defund-planned-parenthood","tag-indiana","tag-indiana-gov-mitch-daniels","tag-indiana-house-gop-delegation","tag-medicaid-funds","tag-planned-parenthood","tag-taxpayer-abortion-funding","tag-u-s-house-of-representatives"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v23.9 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>U.S. Reps &amp; Americans Back Ind. Law Defunding Planned Parenthood - Faith &amp; Justice<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/08\/u-s-reps-americans-back-ind-law-defunding-planned-parenthood.html\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"U.S. Reps &amp; Americans Back Ind. Law Defunding Planned Parenthood - Faith &amp; Justice\" \/>\n<meta property=\"og:description\" content=\"It is a bold move in the fight to protect life. I&#8217;m talking about Indiana&#8217;s new state law that prohibits federal funds it receives from going to abortion providers like Planned Parenthood. I first wrote about this issue in June\u00a0and noted that this law was immediately challenged in federal court by Planned Parenthood and the&hellip;\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/08\/u-s-reps-americans-back-ind-law-defunding-planned-parenthood.html\" \/>\n<meta property=\"og:site_name\" content=\"Faith &amp; Justice\" \/>\n<meta property=\"article:published_time\" content=\"2011-08-08T21:16:48+00:00\" \/>\n<meta property=\"og:image\" content=\"http:\/\/blog.beliefnet.com\/faithandjustice\/files\/2011\/07\/shutterstock_3350951-300x198.jpg\" \/>\n<meta name=\"author\" content=\"Jay Sekulow\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"U.S. Reps &amp; Americans Back Ind. Law Defunding Planned Parenthood - Faith &amp; Justice","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/08\/u-s-reps-americans-back-ind-law-defunding-planned-parenthood.html","og_locale":"en_US","og_type":"article","og_title":"U.S. Reps &amp; Americans Back Ind. Law Defunding Planned Parenthood - Faith &amp; Justice","og_description":"It is a bold move in the fight to protect life. I&#8217;m talking about Indiana&#8217;s new state law that prohibits federal funds it receives from going to abortion providers like Planned Parenthood. I first wrote about this issue in June\u00a0and noted that this law was immediately challenged in federal court by Planned Parenthood and the&hellip;","og_url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/08\/u-s-reps-americans-back-ind-law-defunding-planned-parenthood.html","og_site_name":"Faith &amp; Justice","article_published_time":"2011-08-08T21:16:48+00:00","og_image":[{"url":"http:\/\/blog.beliefnet.com\/faithandjustice\/files\/2011\/07\/shutterstock_3350951-300x198.jpg"}],"author":"Jay Sekulow","twitter_card":"summary_large_image","schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/08\/u-s-reps-americans-back-ind-law-defunding-planned-parenthood.html","url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/08\/u-s-reps-americans-back-ind-law-defunding-planned-parenthood.html","name":"U.S. Reps &amp; Americans Back Ind. 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Law Defunding Planned Parenthood"}]},{"@type":"WebSite","@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/#website","url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/","name":"Faith &amp; Justice","description":"Jay Sekulow - ACLJ","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Person","@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/#\/schema\/person\/fd4c384af0620d4b82ae09cf1d77bdb4","name":"Jay Sekulow","description":"Jay Sekulow is Chief Counsel for the American Center for Law and Justice (ACLJ), a law firm and educational organization that focuses on constitutional law. He is also Chief Counsel of the European Centre for Law and Justice (ECLJ). Jay Sekulow is one of the leading defenders of constitutional rights and religious liberties in the United States. Over the past 25 years, Jay Sekulow has amassed an unparalleled record of accomplishment, arguing before the U.S. Supreme Court on 12 occasions. His aggressive litigation strategy before the Supreme Court has led to many landmark First Amendment victories. In his first case before the Supreme Court, Jews for Jesus, Jay Sekulow secured the right of religious groups to pass out tracks in airports. In Mergens, Jay Sekulow successfully protected the right of students to form Bible clubs and prayer groups on public school campuses. In Lamb\u2019s Chapel, Jay Sekulow cleared the way for churches to have equal access to public facilities in the same way that other groups are permitted to utilize those facilities. In the Bray and Operation Rescue cases, Jay Sekulow protected the free speech rights of pro-life advocates to be free from criminal prosecution for conveying their pro-life message. In McConnell v. FEC, Jay Sekulow protected the right of young people to engage in the political process by donating to the campaign of their choice. In Pleasant Grove, Jay Sekulow paved the way for governments to be able to display Ten Commandments monuments, and other monuments of their choosing, in public parks. Through the ACLJ, Jay Sekulow engages the political, legal, and cultural battles facing America today. He routinely works with Members of Congress, advising them on proposed legislation and representing them in critical legal matters. Jay Sekulow has also testified before Congress on the constitutionality of proposed legislation. Also, in addition to being a successful Supreme Court advocate, Jay Sekulow is a highly respected broadcaster. Jay Sekulow is the host of Jay Sekulow Live! which airs each weekday on over 850 radio stations nationwide, in addition Sirius and XM satellite radio. He brings insight and education to listeners daily through this national call-in radio program. He is also the host of the ACLJ This Week, the ACLJ\u2019s weekly television program. Jay Sekulow regularly appears on major media outlets, including FOX News, CNN, ABC, CBS, and NBC, where he is sought out for his vast experience in constitutional law and his unique insight into many of the pressing legal and political issues facing America today. He is frequently quoted in the nation's leading newspapers and often contributes opinion editorials to national publications. Jay Sekulow has also published numerous law review and other scholarly articles. Jay Sekulow has received numerous honors for his groundbreaking legal work in the area of free speech and religious liberties. The Legal Times has named Sekulow one of \u201cThe 90 Greatest Washington Lawyers of the Last 30 Years\u201d and the National Law Journal has twice named Sekulow one of the \u201c100 Most Influential Lawyers\u201d in the United States. In addition, TIME Magazine listed Jay Sekulow as one of the \"25 Most Influential Evangelicals\" in America. Jay Sekulow\u2019s legal work in defense of religious liberties and human rights extends beyond the United States, having founded the ECLJ in Strasbourg, France, which maintains consultative status with the United Nations. He has also opened offices in Pakistan, Africa, and Jerusalem, Israel. Jay Sekulow is a staunch defender of Israel, presenting arguments before the International Criminal Court at the Hague. His efforts in support of Israel\u2019s right to defend itself from terrorist attacks have been commended by Israeli government officials, one official stating, \"Jay was instrumentally-involved in projects that the President of Israel and the Prime Minister put on our national agenda.\" Jay Sekulow also has a passion for educating the next generation of religious liberty advocates. He is a member of the Regent University Law School Faculty as a Distinguished Professor of Law and routinely teaches courses on constitutional law and presents guest lectures. Jay Sekulow has also started educational programs in international human rights law in Strasbourg, France and at Handong University in South Korea. Jay Sekulow is a graduate of Mercer University, earning both a bachelor\u2019s degree and doctor of jurisprudence. Sekulow served on the editorial staff of the Mercer Law Review and graduated cum laude. He later earned a Ph.D. from Regent University, writing his dissertation on American Legal History. Jay Sekulow also serves on the Board of Trustees for The Supreme Court Historical Society in Washington, D.C. Jay Sekulow, ACLJ Chief Counsels full biography and video. Jay Sekulow on Facebook. Jay Sekulow on Twitter. Jay Sekulow on YouTube.","url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/author\/jay_sekulow"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/833","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/users\/401"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/comments?post=833"}],"version-history":[{"count":11,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/833\/revisions"}],"predecessor-version":[{"id":844,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/833\/revisions\/844"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/media?parent=833"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/categories?post=833"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/tags?post=833"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}