Judge rejects effort to block Indiana abortion ban on medical grounds
INDIANAPOLIS (WISH) — A circuit judge on Wednesday ruled those seeking to overturn Indiana’s abortion ban could not demonstrate the ban’s medical exceptions were too narrow.
In a ruling issued early Wednesday morning, special judge Kelsey Hanlon rejected an effort by Planned Parenthood to expand medical exceptions under Indiana’s abortion ban and block the requirement that abortions could only be performed in hospitals.
The lawsuit centered on the medical exception to Indiana’s abortion ban. Abortions are still permitted in Indiana up to either 20 weeks or fetal viability in order to save the mother’s life or prevent a “serious health risk,” or in cases of a fatal fetal anomaly.
During arguments, the plaintiffs noted the numerous medical complications that can arise during pregnancy, such as severe morning sickness, deep vein thrombosis and preeclampsia, a form of hypertension that can set in beginning around 20 weeks into pregnancy. Hanlon wrote abortion is not necessarily needed to address those issues. She noted the Indiana Supreme Court last year ruled the state constitution does allow abortions in some extremely limited circumstances.
“Although the Plaintiffs have identified numerous serious diseases (including serious mental illnesses) that present a huge range of hypothetical clinical scenarios, Plaintiffs have not identified a situation in which S.B. 1 would prohibit an abortion protected by Article 1, Section 1 of the Indiana Constitution,” Hanlon wrote.
Hanlon acknowledged the language defining “serious health risk” under the law forces doctors to navigate a thicket of potential legal pitfalls but added the definition “does not require physicians to wait until a woman is clinically unstable to provide care.”
The plaintiffs also argued the requirement that abortions take place in a hospital setting discriminated against abortion clinics. Hanlon wrote while the hospital requirement significantly increases costs and travel associated with obtaining abortion services, economic hardship alone does not lead to a violation of the state constitution.
Hanlon had heard arguments in May but asked for and got a 30-day extension to the 90-day timeline typically required to issue a ruling.
The full ruling can be read below.