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View Diary: IN law restricting funding to Planned Parenthood blocked (28 comments)

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  •  a VERY short analysis (15+ / 0-)

    She granted a preliminary injunction in part and denied in part.  She granted the preliminary injunction in its entirety in Planned Parenthood funding.  She granted a preliminary injunction blocking the activation of the portion of the new informed consent statute requiring that doctors advise patents that fetuses can feel pain at 20 weeks.  She denied the request for an injunction to stay the portion of the informed consent statute that "human physical life begins at fertilization".  The basis for her denial is the phrase "human PHYSICAL life" as there was testimony related to cellular changes at the time of fertilization.  As crafted, the language refers to "a growing organism that is a member of the homo sapiens species."  It does not address a theological or ideological designation relating to the metaphysical characteristics of life.  Note, this is not a final finding of fact but merely a finding that Plaintiff is not more likely to prevail on this point.  The court was bound by the Supreme Court's ruling in Casey, related to State's ability to direct licensed physicians to provide certain information.

    The difference between the first and the second portions of the informed consent statute are that the court could not definitively find, at this preliminary stage, that the "life" provision was false, and therefore an infringement on the providers' first amendment rights.  

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    by dhonig on Fri Jun 24, 2011 at 06:43:50 PM PDT

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