ACLU’s appeal on abortion ban denied by Indiana Supreme Court.
The Indiana Supreme Court Denies Appeal, Allowing Strict Abortion Ban to Take Effect
The Indiana Supreme Court has denied the American Civil Liberties Union’s request for an appeal on the state’s near-total abortion ban, paving the way for the strict ban to take effect immediately in the Hoosier State.
On behalf of Planned Parenthood, ACLU attorneys filed a petition with the state’s high court on July 31, seeking an injunction against the abortion statute until the court can hear the full appeal case on religious liberty grounds, which is scheduled for December.
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However, four out of the five justices on the Court denied the injunction, stating that the ACLU’s case did not adequately explain how the current abortion statute would impact women with serious medical conditions or healthcare providers.
The state Supreme Court recently upheld the law under legal challenge with a 3-2 decision, arguing that the legislature has broad authority to regulate abortion, except in cases where it is necessary to save the life of the mother.
The current statute allows abortions only in cases of severe fetal anomalies, severe health impacts for the mother up to 20 weeks gestation, and conception from rape or incest up to 10 weeks of gestation. Additionally, the law requires all abortions to be performed in hospital settings rather than at home or in outpatient facilities.
Healthcare and abortion providers in Indiana have been operating under the law’s provisions since August 1, when it was scheduled to take effect prior to the ACLU’s request for an injunction.
Indiana Attorney General Todd Rokita expressed satisfaction with the Court’s opinion, stating on the social media platform X (formerly Twitter) that the anti-abortion law “protects the lives of innocent unborn babies.”
“We have defeated the pro-death advocates who try to interject their views in a state that clearly voted for life,” Rokita added.
Rebecca Gibron, President of the Planned Parenthood branch covering Indiana and several other states, responded to the ruling by saying, “Patients across the region are already suffering from Indiana’s abortion ban. But Planned Parenthood is still here for you. Our patient navigators are here to help you access the care you need.”
The ACLU described Monday as a “dark day in Indiana” due to the denial of their appeal.
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In their appeal scheduled for December, the ACLU will argue that the state’s near-total ban violates the rights of those who do not subscribe to the traditional Christian ethic that life begins at conception, using the state’s Religious Freedom Restoration Act as a basis for their argument.
Anti-abortion organization Susan B. Anthony Pro-Life America estimates that Indiana’s abortion ban will prevent 8,414 abortions per year.
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