After an Indiana judge blocked the state’s abortion ban from going into effect on Thursday, phones started ringing at Indiana abortion clinics, which are preparing to resume the procedure.,
Dr. Katie McHugh, an abortion provider at Women’s Med in Indianapolis, told the Associated Press, “People are getting word that abortion is now legal again, and that people are ready to get the health care they deserve and that they want.” want.”
Owen County Judge Kelsey Hanlon issued a preliminary injunction against the ban, blocking the new law because abortion clinic operators argue in a lawsuit that it violates the state’s constitution.
Seven abortion clinics in Indiana were to lose their state licenses under the ban — which only allows abortions within its narrow exceptions to be performed in hospitals or outpatient surgical centers.
Signed on August 5 by the Republican-dominated legislature of the state and by GOP Gov. Eric Holcomb. This made Indiana the first state to implement strict abortion restrictions. By reversing Roe v. Wade in June.
The judge wrote “there is a reasonable likelihood that this significant restriction of personal autonomy undermines the freedoms guaranteed by the Indiana Constitution” and that the clinics will prevail in the trial. The order bars the state from enforcing the ban pending the trial on the merits of the case.
Republican State Attorney General Todd Rokita said in a statement: “We plan to continue to appeal and make the case for life in Indiana,” calling the abortion ban law “a reasonable way” to protect the unborn.
McHugh said the female med is hoping to see patients again from Friday.
“I really expected it, but honestly, I really didn’t expect it,” she said. “So the fact that what happened is such a pleasant surprise and confirmation of what we’ve been saying this whole time.”
Whole Women’s Health, which operates an abortion clinic in South Bend, said its staff members “plan to resume abortion care in the near future.”
“Of course, this scenario of legal back-and-forth leads to disruption in patient care and uncertainty for our employees,” said Amy Hagstrom Miller, president and CEO of Whole Woman Health.
Political storm erupts after Indiana banfrom neighboring Ohio to terminate her pregnancy. The case attracted widespread attention when an Indianapolis doctor said the baby had come to Indiana because of Ohio’s “fetal palpitations” ban.
An Ohio judge has temporarily blocked that state’s law, indicating it would allow abortions to continue until 20 weeks of gestation until a court hearing is scheduled for October 7.
Abortion at any point in pregnancy is now banned in 12 Republican-led states, along with Indiana. In Wisconsin, clinics have stopped providing abortions amid litigation over whether the 1849 ban is in effect. Georgia bans abortion once fetal heart activity is detected, and Florida and Utah prohibit kicking after 15 and 18 weeks of gestation, respectively.
The Indiana ban replaced state laws that generally prohibited abortions after the 20th week of pregnancy and strictly prohibited them after the 13th week. The ban includes exceptions allowing abortion in cases of rape and incest before 10 weeks of fertilization; to protect the life and physical health of the mother; And if a fetus is diagnosed with a malignant anomaly.
The American Civil Liberties Union of Indiana, which is representing abortion clinics, filed suit on August 31, arguing that the ban would “prohibit the overwhelming majority of abortions in Indiana and, as such, have a devastating and irreparable effect on plaintiffs.” And, most importantly, their patients and clients.”
Arguing before a judge on Monday, Indiana’s legal director of the ACLU Ken Falk pointed to the state’s constitution’s declaration of rights, including the “life, liberty, and pursuit of happiness” that include the right to privacy and the right to make decisions on is included. Have children
The state attorney general’s office said the court should uphold the ban, saying the arguments against it are based on “novel, unwritten, historically unsupported abortion rights” enshrined in the state’s constitution.
“Nowhere in the constitutional text is abortion mentioned, and Indiana has prohibited or heavily regulated abortion by statute since 1835—before, during, and after the time when the Indiana Constitution of 1851 was drafted. was prepared, debated, and confirmed,” the office said in a court filing. ,
The question of whether the Indiana Constitution protects abortion rights is inconclusive.
A 2004 state appeals court ruling held that privacy is a core value under the state’s constitution that extends to all residents, including women seeking an abortion. But the Indiana Supreme Court later overruled that decision, without specifying whether such a right is included in the state’s constitution.
Hanlon, a Republican who was first elected as a judge in rural southern Indiana County in 2014, wrote that the Constitution of Indiana was comparable to the U.S. Constitution “affirming individual rights and interfering in individual matters of the legislative body.” more clear in its range of power”. ,
“There is a reasonable possibility that decisions about family planning, including decisions about terminating a pregnancy,” are protected by the state’s constitution, Hanlon wrote.
Planned Parenthood and other abortion clinic operators involved in the lawsuit said in a statement that they were “grateful that the court provided much-needed relief to patients, customers and providers but that the fight is not over.”