Whole Woman's Health in court seeking injunction to open abortion clinic in South Bend

The Whole Woman's Health Alliance was in federal court Monday afternoon presenting its case as to why it should be allowed to open a clinic in South Bend despite the Indiana State Department of Health denying their application.

Representatives with the clinic filed a preliminary injunction and temporary restraining order in March 2019. If the court grants the injunction, the clinic could open immediately. They want the court to grant their clinic relief from "vague, arbitrary Indiana licensing and hospital privilege requirements so that WWHA can open its doors and begin providing care to the community."

During the hearing, the judge said the ISDH was seemingly "moving the goal posts" in order to restrict access to a license.

The judge also said the state's requests to the WWHA were "breathtakingly broad and vague."

The state argued it wants to know how the local WWHA would be affiliated with its clinics in other states. The state said in other states, WWHA failed to comply with regulations.

Both the state and WWHA have until Wednesday to supply additional information to the judge before the ruling is issued.

Attorney General Curtis Hill filed a brief in the case opposing their injunction and order.

The Whole Woman's Health Alliance submitted its initial application to run a clinic that provides medication induced abortions in August 2017.

The state denied the application in January 2018 because the clinic had failed to show it was of reputable and responsible character and provided documentation that had inaccurate statements or information. [read the letter]

The clinic appealed and an administrative law judge recommended the state approve the clinic's license in September 2018.

The state appealed the decision and the clinic's license was denied again in November 2018.

A new application was filed in January 2019.

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