In U.S. District Court for the Southern District of Indiana, Judge Tanya Walton Pratt granted the plaintiff’s motion for a preliminary injunction in the case, Planned Parenthood of Indiana and Kentucky Inc. v. Commissioner, Indiana State Department of Health, et al.

As the lawyer for state government, the Indiana Attorney General’s Office had a duty to represent the defendants in the lawsuit and provide a defense for the HEA 1337 statute the Legislature passed. At a hearing June 14, the State had argued HEA 1337 does not violate the U.S. Constitution and no injunction was warranted.

Now that Judge Pratt has entered a preliminary injunction, the State’s lawyers are reviewing the ruling and will confer with their clients and decide within the time allowed whether to appeal to the U.S. 7th Circuit Court of Appeals or any options and strategies involving further proceedings in the trial court.

“We urge citizens to respect the Court even if they disagree with the ruling. The ability of plaintiffs to bring challenges and question the constitutionality of the statutes is an important safeguard in our system of checks and balances. This case involves issues that have been divisive among many; but the State’s lawyers had a duty to present a defense and answer the Court’s questions, and we appreciate the Court’s issuing a ruling promptly and thus providing clarity to medical professionals and the public,” Indiana Attorney General Greg Zoeller said.

On page 29 of the U.S. District Court’s entry of preliminary injunction, Judge Pratt wrote:

“It is clear and undisputed that until Roe v. Wade and Planned Parenthood of Se. Pa. v. Casey are overturned by the United States Supreme Court, this Court is bound to follow that precedent under the rule of stare decisis.”

Stare decisis is the legal doctrine that once a court has laid down a principle of law as applying in a certain set of facts, it will adhere to that principle and apply it to future cases where the facts are substantially the same.

The preliminary injunction means the statute cannot be enforced on its effective date of Friday, July 1, pending further orders from the Court.

The Attorney General’s Office represents the defendants named in the lawsuit, including the ISDH Commissioner, the county prosecutors of Marion, Lake, Monroe and Tippecanoe counties, and the members of the Indiana Medical Licensing Board.