The Indiana Supreme Court denied the American Civil Liberties Union's request for an appeal on the state's near-total abortion ban on Monday, allowing the strict abortion ban to take effect immediately in the Hoosier State.
On behalf of Planned Parenthood, ACLU attorneys petitioned the state's high court on July 31 for an injunction against the state's abortion statute until the court can hear the full case of the appeal on religious liberty grounds, which is scheduled for December.
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Four of the five justices on the Court denied the injunction because the ACLU's case did not "properly" explain how the current abortion statute will affect women with serious medical conditions or affect healthcare providers.
The state Supreme Court recently upheld the law under legal challenge on a 3-2 decision, which argued that the legislature has a broad authority to regulate abortion except in the instances in which an abortion is necessary to save the life of the mother.
The current statute prevents all abortions except in the cases of severe fetal anomalies, severe health impacts for the mother up to 20 weeks gestation, and conception from rape or incest up to 10 weeks of gestation. The law also requires all abortions to be conducted in hospital settings rather than at home or in outpatient facilities.
Healthcare and abortion providers in Indiana were operating under the law's provisions since Aug. 1, when the law was scheduled to take effect prior to the ACLU's request for an injunction.
Indiana Attorney General Todd Rokita posted on the social media platform X, formerly Twitter, that he was satisfied with the opinion saying that the anti-abortion law "protects the lives of innocent unborn babies."
"We defeated the pro-death advocates who try to interject their views in a state that clearly voted for life," Rokita said.
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…
— AG Todd Rokita (@AGToddRokita) August 21, 2023
President of the Planned Parenthood branch that covers Indiana and several other states, Rebecca Gibron, said in response to the ruling, "Patients across the region are already suffering from Indiana's abortion ban. But Planned Parenthood is still here for you. Our patient navigators are here to help you access the care you need."
The ACLU added that Monday was a "dark day in Indiana" due to the denial.
Today is a dark day in Indiana, as the state Supreme Court has allowed Indiana's near-total abortion ban to take effect immediately.
— ACLU of Indiana (@ACLUIndiana) August 21, 2023
We have seen the horrifying impact of bans like this across the country, and this extreme ban will undoubtedly put Hoosiers’ lives at risk.
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The ACLU's argument in the appeal scheduled for December uses the state's Religious Freedom Restoration Act to argue that the state's near-total ban violates the rights of those who do not subscribe to the traditional Christian ethic that life begins at conception.
Anti-abortion organization Susan B. Anthony Pro-Life America estimates that Indiana's abortion ban will prevent 8,414 abortions per year.