breaking%20news.jpgPlanned Parenthood Aurora just lost its request in a Chicago federal court to open. More to follow.
UPDATE, 12:39p: Per Aurora resident and attorney Vince Tessitore, who was present at the hearing: “Planned Parenthood lost. The judge will grant them leave to amend their complaint and try again. They can come back with an amended complaint, which I expect they will do. But for now they’re not allowed to open. It’s up to the City to let them open.”…


UPDATE, 12:44p: The closing moments of the court hearing from the perspective of Planned Parent Aurora’s live blogger in the court room:

12:05PM: The judge is discussing the argument.
12:06PM: Now the judge is discussing precedent.
12:13PM: The judge’s tone is negative toward us in this discussion.
12:18PM: The judge is saying that there is a dearth of evidence showing discrimination and that there was not enough time for a reasonable investigation.
12:20PM: In its present form, the judge is denying the motion. He is leaving the option open to refile.
12:22PM: The judge said that by no means is the case over. He said that the delay itself is not of constitutional magnitude, but that could change.
12:24PM: Court is adjourned. The judge has denied the motion on the ground that we haven’t provided enough evidence. We can reapply later when we have more evidence. But for now, the clinic has to remain closed.

UPDATE, 1:13p: Eric Scheidler just called with a statement:

This decision is a great victory for life and a great victory for choice, the freedom of choice for the people of Aurora to have a say in the destiny of their town.
Planned Parenthood is trying to make this all about abortion but not all about abortion. If they don’t get what they want, then it’s all about abortion rights. But when they are trying to sneak into town, then it’s not about abortion, it’s about “health care.”
It is significant they chose the name Gemini [for their front company], which means, “twins, two-faced.” Everything they’ve done has been two-faced – with the people, the federal courts, the mayor, the City Council, and, of course, with the the women and girls upon which they prey.

UPDATE, 1:21p: Vince Tessitore just called with more insights into Judge Norgle’s decision:

I thought the Aurora attorney did a great job. Lance Malina is his name. The case will probably be continued if and when PP files an amended complaint.
[Thomas More Society attorney]Tom Brejcha today is filing an amicus brief on behalf of myself as an indivudal plaintiff and Fox Valley Families Against PP. It largely includes a 7-page declaration by me that goes into more detail as to why the city is investigating this matter, in other words the fraud committed against PP.
Specific reasons Judge Norgle denied their motion: PP was suing on equal protection grounds. There are basically two prongs to proving an equal protection case: #1, PP had to prove they were treated differently than other medical clinics in Aurora, and #2 if they did prove that then they had to show Aurora’s dissimilar treatment of them was not rationally related to a legitimate governmental purpose. That’s the standard.
PP didn’t even get to the second prong. The judge said they failed to meet their burden of proof on the first prong.
The judge said this wasn’t a constitutional issue yet but could become onee. That means PP hasn’t proven at all to this point that they’re being denied equal protection because they provide abortion services. If they did establish evidence of that, then it could become a constitutional question. The bottom line is they can’t establiish a pattern on that because the City of Aurora is looking into this matter because of fraud, not because of abortion services.

UPDATE, 1:36p: From the Associated Press:

A federal judge in Chicago today refused to order Aurora officials to allow a Planned Parenthood clinic in their suburb to open.
U.S. District Judge Charles Norgle says Planned Parenthood needs to provide more proof that it is being discriminated against by local officials. He says the organization’s attorneys could do that in future filings.
The clinic’s opening has been delayed by a dispute over whether Planned Parenthood broke any laws when it applied for building permits using the name of 1 of its subsidiaries, Gemini Office Development.
The city of Aurora commissioned an outside review, but two attorneys were let go over potential conflicts of interest. The city is now awaiting an investigation and advice from the Kane County state’s attorney.

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