Indiana abortion ban takes effect after state Supreme Court denies rehearing
INDIANAPOLIS — Indiana’s near-total abortion ban is now in effect after the state Supreme Court denied a rehearing in the case brought by the American Civil Liberties Union of Indiana and Planned Parenthood.
The Indiana Supreme Court upheld the ban in a 4-1 decision on Monday, stating that Planned Parenthood and other healthcare providers "cannot show a reasonable likelihood of success" with their challenge to halt abortion restrictions.
The ruling comes more than a year after Indiana Gov. Eric Holcomb signed the law at the end of the 2022 special legislative session. The decision will certify the court's June 30 decision that the abortion ban signed last year does not violate the state's constitution.
The ACLU and Planned Parenthood wanted the court to maintain the injunction that completely stopped the ban from going into effect while it pursued another injunction in trial court, according to Rush’s opinion.
Despite the weeks of legal uncertainty, state healthcare providers had been following the abortion law since it was supposed to take effect on Aug. 1. The law is set to take effect within days once the June 30 ruling upholding the ban is certified, according to court spokesperson Kathryn Dolan.
Indiana AG applauds court's decision
In a prepared statement, Attorney General Todd Rokita said his office has defended the law every step of the way.
“This is great news for Hoosier life and liberty," he said. "We defeated the pro-death advocates who try to interject their views in a state that clearly voted for life.”
In a statement, ACLU of Indiana executive director Jane Henegar said it's a "dark day" in the state's history.
"We have seen the horrifying impact of bans like this across the country, and the narrow exceptions included in this extreme ban will undoubtedly put Hoosiers’ lives at risk," Henegar said in the statement. "Every person should have the fundamental freedom to control their own body and politicians’ personal opinions should play no part in this personal decision.”
IndyStar, part of the USA TODAY Network, has reached out to the branch of Planned Parenthood that includes Indiana.
How did Indiana get here State's near-total abortion ban begins Aug. 1. Here's everything you need to know.
Indiana's abortion battle
In 2022, Indiana was the first state in the country to sign new abortion restrictions into law after the U.S. Supreme Court’s Dobbs decision that ended Roe v. Wade and returned the control over abortion regulations to the states.
There are three exceptions to the state's ban on abortions, according to the law: Fatal fetal anomalies, when the mother’s life or health is in danger up to 20 weeks post-fertilization, and in the case of rape or incest up to 10 weeks post-fertilization.
Pregnant people cannot be prosecuted under the law for having an illegal abortion but a provider who performs the procedure can face losing his or her license.
The law passed last year limits abortions to be performed in hospitals. The vast majority of the more than 9,500 abortions that took place in Indiana occurred in outpatient clinics; fewer than 200 of the procedures occurred in hospitals, according to the state’s annual terminated pregnancy report.
Following the state Supreme Court's June 30 decision, the ACLU of Indiana — on behalf of abortion clinics — had asked the court to reconsider its decision in July and requested the ban to be halted during legal proceedings.
The ACLU of Indiana also sued on behalf of a group of plaintiffs last year who argued that their religions allow for abortion and preventing them from such care violates the state’s Religious Freedom Restoration Act.
That case has been appealed and oral arguments are scheduled before the state Supreme Court for December.
A year after Roe v. Wade was overturned: This is what state abortion laws look like in US
U.S. abortion debate
Since last year's overturning of Roe v. Wade, a wave of conservative states across the country have banned or attempted to ban abortion.
Prior to the U.S. Supreme Court's 2022 decision, abortion laws in almost every state allowed people to undergo the procedure until around 24 weeks into a pregnancy, which was typical practice determined by the Supreme Court in the 1992 decision Planned Parenthood v. Casey.
Decisions about abortion laws vary by each state, leaving the medical procedure up to state lawmakers and courts. More than 25 million women who are able to get pregnant now live in states with restrictions or limitations on abortions.
A majority of Republican-led states have restricted abortion. Laws banning or restricting abortion access have been enacted in 25 states with 14 banning the procedure in most cases at any stage in pregnancy.
In 25 states, abortion still remains legal up to at least 24 weeks of pregnancy. Of those states, 20 Democratic-leaning states have taken steps to protect access to abortion.
At the end of July, the ACLU and Planned Parenthood asked for a rehearing to clarify exemptions in the law. But Chief Justice Loretta Rush, in an opinion, stated that the parties asking for a rehearing in the case did not “properly” put concerns about the impact of the abortion law on Hoosier women seeking medical care for serious health conditions or on health care providers.
Contributing: Kate Perez, USA TODAY; IndyStar; The Associated Press
This article originally appeared on Indianapolis Star: Indiana abortion law: Ban begins after state court denies rehearing
