Indiana’s most notorious abortionist and Third Reich immigrant, Ulrich George Klopfer (meet him here and here) has sued the government of Allen County, Indiana for its recent ordinance causing him to register with the local hospital.
Klopfer, as interesting as he is, is not the most interesting twist on this story. The most interesting twist on this story is the likely appellate trajectory of the litigation.
Here is a section from today’s Journal Gazette on this Memorial Day court action:
Klopfer believes that only the state of Indiana has jurisdiction to regulate doctors and medical facilities. His medical license allows him to practice anywhere in the state, he said, and the county shouldn’t be able to interfere.
His clinic is also licensed by the state and operates under state regulations, Klopfer said
Those regulations require him to provide emergency contact information to patients and keep a written procedure for providing emergency medical care and contact numbers, according to the copy of the lawsuit.
The suit also argues that the county’s ordinance is unconstitutionally vague, that it discriminates against certain classes of doctors, that it violates patients’ privacy rights and represents an undue burden on the patients to obtain an abortion.
The lawsuit states there are no provisions in the ordinance to protect the privacy or the names of the patients seeking medical care from these doctors, which could keep women from seeking services.
Click here to read the whole story.
Klopfer is represented by the usual suspects — Indiana’s ACLU (click here) and the same law firm from New York that crucified Bryan Brown and Wendell Brane (and one other) way back in 1990. (Click here for that history and here for the victory almost 20 years later).
NOW HERE IS THE VERY INTERESTING QUESTION ARISING OUT OF ALL OF THIS …
Why state court and not federal court? The ACLU and the Center for Reproductive Rights, based in New York,usually prefer federal court for such filings.
They have, historically, prevailed in almost all federal court litigation — especially in the lower courts.
So why is this case filed in the Allen County court, pointed toward Indianapolis for the eventual appeal,and not the Northern District of Indiana (federal court)?
I can only guess, but I think my guess is a good one.
Last year an Indiana judge pulled back the veil of many decades to speak of his crucial role in the starvation of Baby Doe of Bloomington in 1982.
It is a study in the use of “death panels.”
I have posted on that legal killing of a born infant more than a few times on this website, both before and after that interview was posted by Indiana Lawyer magazine.
In fact, I had started a four part series and finished only three.
Here is post one.
Here is post two.
Here is p
ost three.
This is the fourth post in our Baby Doe’s final-human-judge-revealed series.
Here is Indiana Lawyer’s recent picture of the Indiana judge who, in a four minute hearing, doomed Baby Doe to suffer the painful death of dehydration. The man pictured is the highest ranking appellate court judge in the State of Indiana.
No, this is not Chief Justice Randall Shepard of the Indiana Supreme Court. Shepard is undoubtedly pro-choice, and he is often lauded, even doted on, by the powerful appellate judge pictured. No doubt Shepard chose this powerful appellate judge for both the appellate court and as chief judge of Indiana’s important, law-making appellate court. Shepard is the most powerful and longest serving incumbent in the State of Indiana and perhaps in the Midwest. He is a king maker and pro-life activist breaker.
But enough about Chief Justice Randall Shepard.
Who is the powerful appellate judge of whom I speak, the judge who ordered the sacrificial death of Baby Doe and boasts of the same more than 25 years later …
I speak of Judge John Baker, Chief Judge of the Indiana Court of Appeals. (Click here for official bio).
Judge Baker, who recently confessed, in a front page article of Indiana Lawyer, to being the judge who ordered Baby Doe’s extermination. (Click here for that article).
Judge John Baker, who is up for retention vote in 2012. (We have our marching orders!)
Judge John Baker, who will likely have a say in any appeal of abortionist Klopfer’s case that files on June 1, 2010.