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Indiana’s new pro-life law takes effect as state Supreme Court denies ACLU appeal for a rehearing

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The ACLU’s eleventh-hour stalling tactics were unsuccessful today when the Indiana Supreme Court rejected a final request to reconsider the case involving SEA 1. Signed by Governor Eric Holcomb in August 2022, Senate Bill 1 permits abortions in instances of rape or incest, when there is a significant risk to the life of the mother, or when fatal fetal anomalies are present.

“My office has consistently upheld the pro-life law of Indiana, as promised,” stated pro-life Attorney General Todd Rokita. The Indiana Supreme Court has today certified its opinion rejecting a constitutional challenge to Indiana’s pro-life law, which protects the lives of innocent, unborn babies. This is welcome news for the protection of life and liberty in the state of Indiana. We have successfully countered the pro-death advocates who attempted to impose their views on a state that had clearly expressed its preference for a pro-life stance.

In July, the Indiana Supreme Court ruled that the law does not contravene the state Constitution. In his written opinion, Justice Derek R. Molter stated that the state constitution “protects a woman’s right to an abortion that is necessary to protect her life or to protect her from a serious health risk.” However, he also noted that the General Assembly retains broad legislative discretion for determining whether and to what extent to prohibit abortions.

The Chicago Sun Times reports that the American Civil Liberties Union of Indiana subsequently petitioned the state’s high court to maintain the suspension of Indiana’s near-total abortion ban while it pursues a narrow preliminary injunction in a trial court to delineate the scope of the exemption allowing women facing serious health risks to obtain abortions.

However, in an opinion, Chief Justice Loretta Rush stated that the parties requesting a rehearing in the case had not adequately addressed the potential impact of the abortion law on Hoosier women seeking medical care for serious health conditions or on healthcare providers. This information was provided by Brittany Carloni of the Indianapolis Star.

Carloni proceeded to elucidate that the aforementioned legislation, which was enacted last year, stipulates that abortions must be performed in hospitals. The majority of abortions in Indiana, which numbered in excess of 9,500, were performed in outpatient clinics. Only 200 or so of these procedures were conducted in hospitals, according to the state’s annual report on terminated pregnancies.

Journalist

Daniel Miller is responsible for nearly all of National Right to Life News' political writing.

With the election of Donald Trump to the U.S. presidency, Daniel Miller developed a deep obsession with U.S. politics that has never let go of the political scientist. Whether it's the election of Joe Biden, the midterm elections in Congress, the abortion rights debate in the Supreme Court or the mudslinging in the primaries - Daniel Miller is happy to stay up late for you.

Daniel was born and raised in New York. After living in China, working for a news agency and another stint at a major news network, he now lives in Arizona with his two daughters.

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