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Indiana AG Hill petitions Supreme Court in case of South Bend abortion clinic allowed to operate without a license

by | Dec 11, 2019

By Dave Andrusko

Indiana Attorney General Curtis Hill

When last we reported on the actions of Indiana’s very pro-life Attorney General, Curtis Hill had brought the remains home of over 2,400 babies stashed away in a garage and in the trunk of a car. Hill is investigating whether anyone else was involved in the macabre hoarding of the state’s most notorious abortionist, the late Ulrich Klopfer.

Just prior to that, AG Hill asked the entire Chicago-based 7th U.S. Court of Appeals to review a decision by a three member panel that upheld a preliminary injunction issued by U.S. District Judge Sarah Evans Barker against Indiana’s Senate Bill 404. SB 404 is a 2017 law designed to give parents more rights if their minor daughter seeks an abortion.

Yesterday, Hill’s office issued a statement that the AG had filed documents this week with the U.S. Supreme Court. In his petition, Hill asked the High Court to affirm Indiana’s authority to enforce its own licensing requirements for abortion clinics.

As we have reported on many occasions, Whole Woman’s Health Alliance is allowed to operate without a license, courtesy of a decision by the 7th Circuit panel. As Hill explained in his petition to the Supreme Court, that decision forced Indiana to allow the operation of the South Bend abortion clinic that initially was denied a license by the Indiana State Department of Health (ISDH). The AG’s office explained

The ISDH found that Whole Woman’s Health Alliance, which is based in Texas, failed to provide requested documentation about the safety record of its affiliated clinics in other states.

Among many other red flags initially raised in Whole Woman’s Health’s license application was its plan to employ as clinic administrator an individual who had also been the clinic administrator for the notorious Dr. Ulrich Klopfer. This late physician’s license had been suspended for failure to report sexual abuse of minors on whom he had performed abortions, and he subsequently has been found to have been hoarding thousands of aborted fetal remains in his garage and automobiles.

In South Bend, Whole Woman’s Health now operates a clinic that provides chemical abortions. Patients are given one type of medication that kills the fetus followed by another medication that induces the woman to expel the deceased fetus.

After initially being denied a license, Whole Woman’s Health asserted that it should be allowed to operate a clinic based on the constitutional rights of hypothetical future patients — an argument ultimately accepted by the appeals court. But the very basis of Indiana’s licensure requirements is to protect such patients, Attorney General Hill noted.

But “Only women seeking abortions, not abortion providers, have specially protected abortion-related rights under the Fourteenth Amendment,” Attorney General Hill said. “And in this case, a would-be abortion clinic seeks to avoid state licensing standards designed to protect patients from incompetent and unscrupulous providers.”

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