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Indiana's near-total abortion ban now in effect after Indiana Supreme Court denies rehearing

Down Syndrome Abortion
Posted at 11:22 AM, Aug 21, 2023
and last updated 2023-08-21 18:38:13-04

INDIANAPOLIS — The state's near-total abortion ban is now in effect after the Indiana Supreme Court denied a rehearing request by abortion advocates regarding their June ruling that the ban was constitutional.

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 on August 1.

In their response to the denial for a rehearing, the Indiana Supreme Court ruled as an order with separate opinions, a rehearing is unnecessary.

The Clerk Appellate certified the decision by the supreme court as well on Monday, marking the final step for the near-total ban to take effect.

Under the new law, there are four abortion exceptions — rape, incest, life and physical health of the mother, and lethal fetal anomalies.

Rape or incest exemptions will need to be performed 10 weeks before post-fertilization. In the case of the life of a mother or lethal fetal anomalies, women will have up to 20 weeks post-fertilization for an abortion.

The procedure can only take place in a hospital or hospital-owned outpatient setting.

Attorney General Todd Rokita released a statement in support of the ruling, saying "This is great news for Hoosier life and liberty."

While Indianapolis Mayor Joe Hogsett shared a different opinion, calling the ruling a "setback for the safety of Indianapolis residents."

You can read their full statements and others released following the Indiana Supreme Court's decision below.

Attorney General Todd Rokita

My office promised to defend Indiana's pro-life law, and we have done that every step of the way. Today, the Indiana Supreme Court certified its opinion rejecting a constitutional challenge to Indiana’s pro-life law, which protects the lives of innocent, unborn babies. This is great news for Hoosier life and liberty. We defeated the pro-death advocates who try to interject their views in a state that clearly voted for life.

Indianapolis Mayor Joe Hogsett

Today’s ruling is a setback for the safety of Indianapolis residents, as it undermines reproductive rights and essential healthcare services. I remain committed to fighting tirelessly at the Statehouse to restore the rights of individuals to make their own healthcare decisions.

ACLU of Indiana executive director, Jane Henegar

Today is a dark day in Indiana’s history, as a near-total abortion ban takes effect. We have seen the horrifying impact of bans like this across the country, and the narrow exceptions included in this extreme ban will undoubtedly put Hoosiers’ lives at risk. We will continue to fight in court to clarify and expand upon the current exceptions. Every person should have the fundamental freedom to control their own body and politicians’ personal opinions should play no part in this personal decision.

Statement from, Rebecca Gibron, CEO for Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky:

Patients across Indiana and the region are already suffering from this abortion ban. But rest assured, Planned Parenthood is still here for you. Our patient navigators are here to help you access the care you need - even if that means traveling out of state.

Let us be clear: whether you’re white, Black, brown, or Indigenous - whether you’re straight, gay, or trans - whether you have health insurance or you’re uninsured - Planned Parenthood will never back down, not now, not ever, from fighting for and providing you the care you need.

You can read the full opinion by the Indiana Supreme Court below.

WRTV also reached out to Indiana Right to Life, although the organization denied our request for an interview or to ask any follow up questions they provided a blanket video statement from President and Chief Executive Officer Mike Fichter to all media.

Indiana Right to Life statement