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Indiana abortion ban on hold again after petition filed for rehearing

In June, the court ruled that the ban could take effect as soon as August 1.
Posted at 11:02 PM, Jul 31, 2023
and last updated 2023-08-02 07:12:50-04

INDIANAPOLIS — Attorneys for Indiana abortion providers and advocates filed a request with the Indiana Supreme Court to rehear a challenge to the state’s impending abortion ban just hours before it was set to take effect.

The move has further complicated the ban going into effect.

In June, the Indiana Supreme Court ruled the ban is constitutional and could take effect as soon as August 1.

Because of the latest petition, the ban will remain on hold. The Indiana Supreme Court will need to hear a response from the state of Indiana on the petition before their June ruling can be certified by the Appellate Clerk.

According to the Indiana Supreme Court, If the state does not respond to the petition within 15 days, they will receive a second order giving them 15 additional days to respond.

After the state issues their response, the Indiana Supreme Court can rule on the rehearing petition. Depending on how they rule on the petition, they would either be clear to certify the June hearing or delay the ban further.

At a Tuesday morning press conference, Planned Parenthood said they will not be performing abortions at any of their 11 clinics in the state. Although abortion is technically still legal, they will operate as if the ban went into effect today.

In their petition, plaintiffs said they will ask the court to block the section of the abortion ban that limits health care providers' ability to offer abortion in cases where the health of the pregnant person is threatened.

According to the ban, a doctor could now lose their medical license if they perform an illegal abortion or fail to file required reports.

The CEO of the local Planned Parenthood says anyone seeking an abortion with them will be given resources and help with getting this type of care in another state.

CEO of Planned Parenthood Great Northwest, Hawai’i, Alaska, Indiana, Kentucky (PPGNHAIK), Rebecca Gibron released the following statement:

“This ban will prevent pregnant Hoosiers from making decisions about their own bodies, and prevent their providers from giving them the care they need – even while ongoing litigation proceeds through the Court. If the Indiana Supreme Court allows the ban to go into effect now, pregnant people and their health care providers will be left to navigate this confusing legal environment on their own. We are hopeful that the court will act to protect the health and wellbeing of Hoosiers.”

The request for rehearing was filed by Planned Parenthood, the Lawyering Project, the ACLU of Indiana, Women’s Med Group Professional Corp, All-Options, Inc, and Dr. Amy Caldwell.

ACLU and Planned Parenthood have previously fought against laws banning abortions.

After the passing of Senate Bill 1 last August, The ACLU of Indiana sued the state to block the law in two separate cases.

Planned Parenthood also filed a lawsuit arguing the abortion ban was unconstitutional.

Indiana's Right to Life also issued a statement in response to the hold.

"While we are pleased that some Indiana abortion businesses at least indicate that they are seizing operations today, the status of the new Indiana law remains unclear. We are hopeful that the Indiana Supreme Court quickly affirms that the new law is in effect ending 95% of abortions in our state. This is a life and death issue for 1000s of unborn babies."