INDIANAPOLIS (AP) — A federal judge is allowing an Indiana law largely banning a second-trimester abortion procedure to take effect following the U.S. Supreme Court’s decision to end constitutional protection for abortion.
Judge Sarah Evans Barker’s order signed Thursday lifts the injunction she issued in 2019 blocking the law against the procedure that the Republican-backed legislation called “dismemberment abortion.”
The law prohibits doctors from performing dilation and evacuation abortions unless to prevent serious health risk or save the life of the mother.
Dr. Caitlin Bernard, an OBGYN and assistant professor at the IU School of Medicine, says the procedures are only performed in specific circumstances.
"Patients who are facing challenges in their pregnancies: personal maternal health issues, complications in their pregnancies or fetal abnormalities not discovered until the second trimester [could be cases]," Bernard said.
A doctor violating the law could face a felony charge. The Republican-dominated Legislature is expected to consider tighter abortion laws during a special legislative session set to start July 25.
After the order was signed, Indiana Attorney General Todd Rokita sent the following statement:
“The court’s ruling this week vacating its earlier injunction that permitted this gruesome procedure to continue is an exciting battle victory in our war to defend the unborn and protect women. My office will continue to take all necessary steps to limit abortion, assist mothers, empower families to choose life, and ultimately protect the lives of the unborn.”
Rokita announced he had also filed a motion with the Seventh Circuit Court of Appeals to reestablish a requirement for parental notice for minors to have an aborition. A district court ruled it did not have jurisdiction to consider the motion, according to Rokita's office.
“Indiana has a long history of defending life. I’ll continue to do everything in my power to protect unborn children and the physical, mental, and emotional well-being of their mothers," Rokita said in the statement.
Indiana Right to Life President Mike Fichter also released a statement:
"Dismemberment abortions are over in Indiana immediately, thanks to the AG's forethought and prompt action to lift the injunction blocking the will of Hoosiers to stop this brutality against unborn babies. We have confidence in the people of Indiana and our elected leaders to further protect the unborn and to support and care for pregnant mothers in the upcoming special session. This law reflects the will of the people, underscoring the love and compassion of Hoosiers across the state and their belief that everyone deserves to be born."
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