The Indiana Court of Appeals on Monday affirmed a ruling by a trial court judge upholding the state’s near-total abortion ban, specifically provisions relating to medical providers and potential exemptions.
The law, which was enacted in a special 2022 session, only allows for exceptions in the case of a mother’s health, rape or incest, or a fatal fetal anomaly — though each with varying time limits.
Plaintiffs argued that certain pregnancies could imperil the health of the mother, but providers could be afraid to pursue an abortion for fear of the repercussions. Additionally, the law limits all abortion care to hospitals or an ambulatory surgical center, rather than the free-standing clinics who largely performed these reproductive health procedures prior to the ban.
“The circumstances argued by the medical-care providers here generally do not necessitate an abortion to treat those risks,” ruled the panel of judges. “… because the constitutional right to an abortion requires an extreme medical scenario where the woman’s life or health is at serious risk, performing a constitutionally protected abortion in Indiana is a procedure that nearly always will be done in a hospital.
“Thus, the statutory Hospital Requirement is not a material burden on the constitutional right to an abortion.”
Indiana Attorney General Todd Rokita congratulated the members of his team that argued the case and said “This ruling is a resounding victory for life and the rule of law in Indiana,” Attorney General Rokita said. “Our unwavering commitment to protecting the most vulnerable and upholding our state’s values will continue to guide this office. The overwhelming majority of Hoosiers stand with us in defending the sanctity of life and the health of women across our state.”
The underlying abortion case initially centered on the risk to the health of the mother and the rights of providers, delaying the implementation of Indiana’s ban by roughly one year. After an Indiana Supreme Court ruling in favor of the state’s ban — though left the door open for future challenges — plaintiffs, represented by the American Civil Liberties Union of Indiana, amended their complaint to narrow their focus.
That amended version is the one that the Indiana Court of Appeals weighed on Monday.
Another challenge, regarding whether Indiana’s ban violates its religious freedom law, is ongoing.