On Monday, in a 31 page decision, the Indiana Court of Appeals upheld the state’s highly protective 2022 abortion law, finding that it did not violate the “life, liberty, and the pursuit of happiness” clause of the Indiana Constitution.
The opinion was authored by Judge Paul Mathias. Chief Judge Robert Altice and Judge Mary DeBoer concurred in the unanimous decision which upheld the September 2024 ruling by Judge Kelsey Blake Hanlon.
Senate Bill 1 passed in a 62 to 38 vote in the House, by 28-19 in the Senate, and was signed into law by Gov. Eric Holcomb.
“This ruling is a resounding victory for life and the rule of law in Indiana,” pro-life Attorney General Todd 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.”
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Indiana law currently permits abortion in three circumstances: (1) when an abortion is necessary either to save the woman’s life or to prevent a serious health risk to her; (2) when there is a lethal fetal anomaly; or (3) when the pregnancy resulted from rape or incest.
In cases where an abortion is permitted, the law states, it must be performed in a hospital or ambulatory surgical center. The appeals court decision therefore means Planned Parenthood may not resume performing the procedure in its clinics.
The Indiana Court of Appeals held
The constitutional right to an abortion under Article 1, Section 1 is limited to circumstances in which an abortion is the only reasonable medical option to protect a woman from a risk to her life or to protect her from a serious health risk. The circumstances argued by the medical-care providers here generally do not necessitate an abortion to treat those risks. Thus, the statutory Hospital Requirement is not a material burden on the constitutional right to an abortion.” [emphasis in the original]
The impact of the law has been extraordinary. Indiana reported 33 abortions in the fourth quarter of 2024, a drop from 1,979 abortions—98%— in the last fourth quarter under Roe.
LifeNews.com Note: Dave Andrusko is the editor of National Right to Life News and an author and editor of several books on abortion topics. He frequently writes Today’s News and Views — an online opinion column on pro-life issues.
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Author: Dave Andrusko
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