Indiana’s recently enacted law that prohibits nearly all abortions will be immediately implemented on Monday, as the state Supreme Court has rejected a plea from the ACLU and Planned Parenthood to reconsider a previous ruling in favor of the law and the lifting of an injunction that had blocked it.
The 4-1 ruling, officially certified on Monday, means that Indiana now prohibits all abortions except in extremely limited circumstances.
However, since August 1st, when the law was originally set to take effect, abortion has effectively been banned in the state, as abortion clinics ceased performing the procedure across Indiana.
“Today marks a somber day in Indiana’s history, as an almost absolute abortion ban comes into effect. We have witnessed the devastating consequences of such bans throughout the country, and the limited exceptions included in this extreme ban will undeniably endanger the lives of Hoosiers,” stated Jane Henegar, executive director of the ACLU of Indiana.
In late July, the ACLU and Planned Parenthood sought a reconsideration to clarify the law’s exemptions related to the life of the mother.
Chief Justice Loretta Rush, in a concurring opinion, stated her belief that the state constitution “safeguards a woman’s right to terminate a pregnancy to protect her life or if she faces a significant health risk… even in circumstances that surpass the current law.”
Rush expressed deep concerns about the law’s impact on this right, as well as the consequences it poses for healthcare providers “who must decide whether to offer such care and potentially expose themselves to criminal penalties and professional sanctions.”
However, Rush noted that the plaintiffs had not effectively presented these concerns because they requested the continued enforcement of the initial injunction that blocked the entire law, a request previously deemed improper.
According to the law, abortion will be permitted if the mother’s life or health faces a serious risk, or in the case of a lethal fetal anomaly. In such situations, the abortion must be performed in a hospital before the 20th week of gestation.
The law also includes an exception for cases of rape or incest, applicable until 10 weeks post-fertilization.
In the sole dissent, Judge Christopher Goff stated that he would have issued a revised injunction due to lawmakers failing to clarify potential medical conditions that are currently not covered by the narrow exceptions, such as severe psychiatric illnesses or conditions causing significant pain, suffering, or disability.
“The precise limits of the life and health protections guaranteed by the Indiana Constitution remain unknown. However, for the sake of the lives and health of women in Indiana, as well as our healthcare professionals and justice system, it is crucial that we ascertain these limits as swiftly as possible,” wrote Goff.
In response, Attorney General Todd Rokita (R) commended the decision in a statement, emphasizing his office’s unwavering defense of the law: “This is fantastic news for the lives and freedom of Hoosiers. We have defeated the advocates of death who attempt to impose their views on a state that has clearly chosen life,” Rokita stated.
A separate religious freedom challenge to the ban has resulted in an ongoing injunction in the Indiana Court of Appeals, although it only applies to the plaintiffs involved in that specific case.
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