Indiana’s near-total abortion ban has been validated by the state’s top court, which has lifted a preliminary injunction that had previously blocked the law. Justice Derek Molter, writing for three of the five Supreme Court justices, stated that while the Constitution protects a woman’s right to an abortion necessary for her life or health, the General Assembly retains wide-ranging legislative discretion in determining the extent to which abortions can be prohibited. The ruling, made by all five justices who were appointed by Republican governors, means that abortion will be banned in Indiana, with certain exceptions, starting from August 1st.
Attorney General Todd Rokita praised the decision, deeming it morally justified and thanking those who fought for life. However, a separate injunction still remains in effect due to a lawsuit filed by the ACLU of Indiana on behalf of Hoosier Jews for Choice, arguing that the law violates the Religious Freedom Restoration Act. While the class-action certification and injunction are being appealed by the state, it is uncertain how this will impact immediate abortion access given the Supreme Court’s ruling. The case is scheduled to be heard by the Indiana Court of Appeals in September.
It’s worth noting that Indiana was the first state to pass an abortion ban after the overturning of Roe v. Wade by the U.S. Supreme Court. The ban was passed by a legislature dominated by the GOP and signed into law by Governor Eric Holcomb. Although the ban initially went into effect, it was later blocked by a state circuit court following a lawsuit by abortion providers. They argued that the right to “liberty” under the Indiana Constitution includes a fundamental right to abortion, resulting in the allowance of abortion up to 20 weeks gestation due to the injunction.
The law not only prohibits abortions but also revokes the licenses of abortion clinics in Indiana. However, there are limited exceptions for cases involving serious health risks, “lethal fetal anomaly” diagnoses, and instances of rape or incest before 10 weeks post-fertilization. In these cases, abortions are only permitted at hospitals and hospital-owned surgical centers. Additionally, the law bans the use of abortion drugs after eight weeks post-fertilization.
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