Abortion in Indiana

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As of 2024, abortion is currently illegal in Indiana. It's only legal in cases involving fatal fetal abnormalities, to preserve the life and physical health of the mother, and in cases of rape or incest up to 10 weeks of pregnancy. Previously abortion in Indiana was legal up to 20 weeks; a near-total ban that was scheduled to take effect on August 1 was placed on hold due to further legal challenges, [1] but is set to take place, after the Indiana Supreme Court denied an appeal by the ACLU, and once it certifies a previous ruling, that an abortion ban doesn't violate the state constitution. [2] In the wake of the 2022 Dobbs Supreme Court ruling, abortion in Indiana remained legal despite Indiana lawmakers voting in favor of a near-total abortion ban on August 5, 2022. Governor Eric Holcomb signed this bill into law the same day.[ citation needed ] The new law became effective on September 15, 2022. But on September 22, 2022, Special Judge Kelsey B. Hanlon of the Monroe County Circuit Court granted a preliminary injunction against the enforcement of the ban. Her ruling allows the state's previous abortion law, which allows abortions up to 20 weeks after fertilization with exceptions for rape and incest, to remain in effect. [3]

Contents

On January 19, 2023, the Indiana Supreme Court heard oral arguments regarding whether the state's ban on abortion violates the state constitution. [4] Following the hearing, Chief Justice Loretta Rush stated that an opinion on the arguments would be issued "in due course" without a clear timeline of when that would be published. [4]

On April 4, 2024, an Indiana appellate court ruled in favor of a group of plaintiffs who challenged the state's abortion ban on the grounds that it violated their religious beliefs under the state's Religious Freedom Restoration Act (Indiana). The case is expected to go to the Indiana Supreme Court. [5]

History

Early history

By the end of the 1800s, all states in the Union except Louisiana had therapeutic exceptions in their legislative bans on abortions. [6] In the 19th century, bans by state legislatures on abortion were about protecting the life of the mother given the number of deaths caused by abortions; state governments saw themselves as looking out for the lives of their citizens. [6] The late 1800s saw various court cases concerning the state of abortion, with most focused on the providers rather than the young women impacted. One case that gained nationwide notice was that of Eliza Francis Levesay, a young woman from a poor family in Decatur County, Indiana, located southeast of the state capitol, Indianapolis. Levesay had an affair with a young man from a wealthy family named William Miers, which resulted in her becoming pregnant and seeking an abortion. Levesay obtained an illegal abortion at the office of Dr. C. C. Burns, a local dentist. After the procedure, Levesay became ill and was treated by a physician, who reported her case to the state authorities. A thorough investigation was conducted into her case; however, the jury was unable to reach a unanimous decision, and the case was dismissed. [7]

By 1950, the state legislature would pass a law that stating that a woman who had an abortion or actively sought to have an abortion regardless of whether she went through with it were guilty of a criminal offense. [6]

1960s Reforms

In the late 1960s, Indiana saw various reforms to the anti-abortion laws of the 1950s, which previously made it “a crime at common law to wilfully solicit and/or procure a miscarriage” or to “wilfully terminate a pregnancy except by the operation of nature.” [8] By 1967, no state had fully legalized abortion, but many states had begun the process of reforming laws in favor of protecting the pregnant woman if it was determined that her life would be endangered through the continuation of the pregnancy.

Indiana somewhat relaxed its laws regarding the termination of pregnancies in the 1960s to follow what other states had done in regard to legalizing abortions to save the life of the mother. [8] Some states also permitted abortions "to save the life of the child." It is believed that such a provision was "meant to cover situations where the continuance of the pregnancy would be certain to result in the death of the [fetus] and the [fetus] has developed sufficiently to survive independently if it is taken from the mother by appropriate medical procedures." [8] Due to developments in medical science, physicians and other advanced practitioners could predict with some accuracy whether children would be born with serious physical or mental defects that would significantly impact the child's survivability and quality of life. Medical professionals were aware of the potential for significant birth defects associated with the use of thalidomide or Rubella during pregnancy, both of which were known to cause serious physical deformities. [8] Similar provisions were later added to the laws and are present in the current Indiana abortion laws, which allow an exception for delayed termination of pregnancy when a lethal fetal anomaly is detected, which would result in a reasonable certainty of death within three months after birth. [9]

Indiana did not have specific statutes or judicial decisions to support the right to abortion for medical necessity of either the mother or the fetus at this time; however, legal precedent did exist in which judges had accepted suicidal tendencies as grounds for abortion in cases where the continuation of a pregnancy would present a significant threat to the woman's mental health. [8]

In a statement drafted by Robert Force, an assistant professor of law at Indiana University School of Law in Indianapolis, and Irving Rosenbaum, Jr., a physician, in 1967, recommendations for proposed changes to the laws in Indiana called for the protection of both the mental and physical health of the pregnant woman in accordance with a physician's assessment of all factors related to the woman's prognosis if not permitted a legal abortion given the alternative options of seeking an illegal abortion. [8] In their arguments, Force and Rosenbaum argued in favor of considering the woman's situation as a whole, much as would be done with any other patient, as opposed to looking only at the woman's body or specific socioeconomic factors when deciding whether or not an abortion would be appropriate to protect the mother's health. [8] Their proposed amendments called for abortion to be permitted in cases of rape or incest as well as for women who they described as “mentally defective” because they were considered to be victims either of circumstances or of crimes and, therefore, should not be required to maintain the “involuntary” pregnancy. [8]

2000s developments

The state passed a law in the 2000s banning abortions after 22 weeks based on the theory that this is the point in development after which the fetus can feel pain. [10] The state was one of ten states in 2007 to have a customary informed consent provision for abortions. [11]

During the 2010's, Indiana passed 14 bills restricting abortion. Of the eight that were able to be put into effect, further restricting the ability of facilities to perform abortions. Between 2010 and 2019, 10 clinics that provided abortion had closed, bringing the facility density from 7.7 to 5.4. [12]

In 2011, the state was one of six where the legislature introduced a bill that would have banned abortion in almost all cases. It did not pass. [13] In 2013, state Targeted Regulation of Abortion Providers (TRAP) had provisions related to admitting privileges and licensing. They required clinics have hospital privileges or some similar agreement. [14]

The state legislature passed the "Sex Selective and Disability Abortion Ban" in 2016. The bill banned abortions based solely on the fetus's gender, race, ethnicity or detected disability, holding the doctors that perform them liable, and requiring women undergoing abortions to be notified of this 18 hours before the operation. The bill also demanded that aborted fetus be treated as deceased humans, requiring clinics to bury or incinerate the bodies if the woman did not take control of this. The bill was set to go into effect in July 2016, but courts enjoined a permanent injunction against the bill's provisions on the basis these violation the right to an abortion established by Roe v. Wade. The challenge to the injunctions reached the Supreme Court of the United States by May 2019, where the Court's per curiam decision in Box v. Planned Parenthood of Indiana and Kentucky, Inc. reversed the injunction on the fetal disposal aspect, stating that had no impact on a woman's right to an abortion. The Supreme Court did not rule on any merits of the non-discriminator clauses, leaving the permanent injunction in place.

In 2018, the state was one of eleven where the legislature introduced a bill that would have banned abortion in almost all cases but were unsuccessful in passing it. [13] Nationally, 2019 was one of the most active years for state legislatures in terms of trying to pass abortion rights restrictions.  State governments with Republican majorities started to push these bills after Brett M. Kavanaugh was confirmed as a US Supreme Court judge, replacing the more liberal Anthony Kennedy. These state governments generally saw this as a sign that new moves to restrict abortion rights would less likely face resistance by the courts. [13] The Indiana Legislature passed a ban of the most common type of second-trimester abortion procedure in the state in April 2019. [13] As of mid-May 2019, state law banned abortion after week 22. [13]

2020s developments

A 2021 Indiana law requires an ultrasound 18 hours or more before an abortion. [15]

The US Supreme Court's decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester. [6] However, in 2022, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization , No. 19-1392 , 597 U.S. ___(2022). [16] [17] Indiana passed a law known as "Senate Bill 1" (SB1), which went into effect on September 15, 2022, and banned abortions with exceptions for certain cases of rape, incest, risk to the life of the mother, or fatal fetal anomalies. However, on 22 September 2022, this law was blocked by Special Judge Kelsey B. Hanlon, thus effectively returning the status of legal abortions in Indiana to pre-SB1 conditions. [3] Hearings on the status of SB1 began in January 2023 before the Indiana Supreme Court; however, since no final opinion on the ruling has been published, abortion in Indiana is still legal under the pre-SB1 conditions. [4]

In light of the Dobbs opinion, challenges have also arisen to restrict access to medically induced abortions via the "abortion pills" mifepristone and misoprostol, which are also commonly used in combination to induce miscarriages. [18] Mifepristone (Name Brand: Mifeprex) has been an FDA approved drug since 2000, with the generic product released in 2019, and is the focus of the majority of these challenges. Misoprostol has never been as tightly regulated as mifepristone and is frequently dispensed by retail pharmacies to treat a variety of medical conditions.

On January 3, 2023, the FDA "finalized a rule change that broaden[ed] availability of abortion pills to many more pharmacies, including large chains and mail-order companies." [19] Previously, the drug had only been available for dispensing through specialty offices and clinics. The FDA, as part of mifepristone's Risk Evaluation and Mitigation Strategies (REMS) Program, requires pharmacies to register and become certified prior to dispensing the drug to patients. [19]

On February 1, 2023, it was reported that the attorneys general in 20 conservative-led states, including Indiana, co-signed letters to CVS and Walgreens that they would be subject to legal actions if they dispensed mifepristone within those states, including through mail order services. [19] In early March 2023, Walgreens announced that it would not dispense mifepristone in 21 states, including Indiana, where abortion is either banned or has pending legislation to prevent pharmacists dispensing of the drug. [20] Other major pharmacies including CVS, Rite Aid, and other retail companies with pharmacies remained silent on the issue while insisting they were monitoring the situation.

On April 7, 2023, U.S. District Judge Matthew Kacsmaryk in Amarillo, Texas issued a preliminary injunction in a lawsuit filed by four anti-abortion groups and physicians to ban sales of mifepristone, ruling that "the U.S. Food and Drug Administration had ignored risks in approving the drug." [21] The Biden administration, the Department of Justice, and Danco Laboratories, the distributor of the brand name drug, Mifeprex, argued against this injunction, with President Joe Biden stating, "The Court in this case has substituted its judgment for FDA, the expert agency that approves drugs. If this ruling were to stand, then there will be virtually no prescription, approved by the FDA, that would be safe from these kinds of political, ideological attacks." [21]

On April 21, 2023, the Supreme Court of the United States issued opinion 598 U. S. ____ (2023), which blocked the April 7 decision by Judge Kacsmaryk in a vote of 7–2 with Justices Clarence Thomas and Samuel Alito known to have dissented. [22] [23] The decision from the Supreme Court allows mifepristone to remain legal for use up to 10 weeks gestation in states where abortion is legal, including Indiana. The case will next be heard by the 5th U.S. Circuit Court of Appeals, with oral arguments set to begin on May 17, 2023. [23] Following the decision in the 5th Circuit, the case will likely be heard for a final decision by the Supreme Court in 2024. [23]

On April 4, 2024, an Indiana appellate court ruled in favor of a group of plaintiffs who challenged the state's abortion ban on the grounds that it violated their religious beliefs under the state's Religious Freedom Restoration Act (Indiana). The case is expected to go to the Indiana Supreme Court. [24]

Clinical history

Number of abortion clinics in Indiana by year Number of abortion clinics in Indiana by year.png
Number of abortion clinics in Indiana by year

Between 1982 and 1992, the number of abortion clinics in the state decreased by eleven, going from 30 in 1982 to 19 in 1992. [25] In 2014, there were nine abortion clinics in the state. [26] In 2014, 95% of the counties in the state did not have an abortion clinic. That year, 66% of women in the state aged 15–44 lived in a county without an abortion clinic. [27] In March 2016, there were 23 Planned Parenthood clinics in the state. [28] In 2017, there were 17 Planned Parenthood clinics, of which 4 offered abortion services, in a state with a population of 1,505,980 women aged 15–49. [29]

For comparison, in 2019, 36% of Indiana's counties had no birth center or hospital where women could give birth, and 17% had no hospital at all. [30]

Statistics

The Indiana Department of Health's Division of Vital Records compiles annual reports of statistics associated with pregnancy terminations in accordance with Indiana Code 16-34-2. [31] Physicians performing abortions within the state are required to report data related to terminated pregnancies to the Indiana Department of Health. The Division of Vital Records compiles the data into state reports, which are released each June of the following year. Beginning in 2021, physicians were also required to report abortion complications to the Indiana Department of Health in accordance with IC 16-34-2-4.7, which became effective on October 28, 2021. [32] Complications prior to that date were included within the general termination reports.

Number of Terminations Performed in Indiana by Year, 2017-2021 [33]
YearTotal CountIndiana Resident CountNon-Resident Count
20177,7787,172606
20188,0377,263774
20197,6377,019618
20207,7567,372384
20218,4147,949465

Of the 8,414 terminated pregnancies in 2021, 5,729 (68.09%) were performed at 8 weeks gestation or earlier, and 2,580 (30.67%) were performed between 9–13 weeks gestation. 105 (1.24%) of terminated pregnancies occurred at 14 weeks gestation or later. [33]

Illegal and unsafe abortion deaths

Indiana has officially recorded only one illegal abortion death, when, in 1988, a young woman by the name of Becky Bell died from an unsafe abortion rather than discuss her pregnancy and desire for an abortion with her parents. [34] [35] [36] After Bell discovered she was pregnant, she went to a Planned Parenthood clinic in Indiana with her friend Heather Clark, seeking an abortion. [37] There she was told that the law required consent from her parents for the procedure and that most minors in her area simply went to Louisville, less than 100 miles away, to avoid parental disclosure. [38] She also had the option of going before a judge to argue for a waiver of parental consent, but reportedly feared that her parents would find out. [39] Bell was subsequently confused about what to do, according to Clark, alternating between plans to have an abortion in Kentucky, carrying to term and placing the baby for adoption, or running away to California. [38] On a Saturday night in September 1988, Bell left her house, telling her parents that she was going to a party. [38] She came home ill, disheveled, and in tears. [38] Her illness worsened over the next few days but she would not seek medical attention. [38] Her parents ultimately forced her to see their family physician who diagnosed severe pneumonia and had her hospitalized. [38] She died on September 16, 1988. [40]

Bell's autopsy revealed fetal matter and evidence of infection in her genital tract, but no evidence of internal injury or marks on the cervix. [38] The official cause of death was attributed to septic abortion complicated by pneumonia. [41] The county coroner and pathologist both later told the press that the abortion and infection were most likely caused by the use of unsterile instruments during an illegal abortion procedure. [38] [39] After Bell's death, her parents found among Bell's possessions contact information for abortion clinics in nearby Kentucky, which did not have parental consent laws, but there was no record of her visiting a Kentucky clinic. [38] It remains unclear whether Bell obtained an induced abortion or induced the abortion herself. [38] [42] [43] Two years after her death, Clark, the friend who went to Planned Parenthood with Bell, told reporters that she did not believe that Bell had an induced abortion. [38]

Criminal prosecutions of abortion

Purvi Patel was sentenced to 20 years in prison in Indiana in March 2015 for aborting her fetus using medications she had ordered over the Internet. [44] However, her conviction was overturned; if her conviction had not been overturned, she would have been the first woman in the United States to be charged, convicted, and sentenced on a feticide charge. [45]

Abortion rights views and activities

Protests

#StopTheBans was created in response to six states passing legislation in early 2019 that would almost completely outlaw abortion. Women wanted to protest this activity as other state legislatures started to consider similar bans as part of a move to try to overturn Roe v. Wade. At least one protest as part of #StopTheBans took place in the state. [46]

Following the overturn of Roe v. Wade on June 24, 2022, a rally was held at Indianapolis's Monument Circle on the evening of June 24. [47] [48] On June 25, more than 1,000 abortion-rights and 200 anti-abortion demonstrators descended on the Indiana Statehouse. [49] Demonstrations were also reported in Bloomington, [50] Evansville, [51] Fort Wayne, [52] Lafayette, [53] and South Bend. [54] On July 25, The Indianapolis Star counted over 1,000 abortion rights protesters and about 60 anti-abortion activists rallying at the Indiana Statehouse in Indianapolis. [55]

On July 30–31, 2023, hundreds of pro-choice protesters rallied across Indiana in opposition to the state's abortion ban. [56] In Indianapolis on November 14, 2023, the Russian feminist performance art group Pussy Riot held a demonstration against Indiana's abortion ban on the steps of the Indiana state supreme court. [57]

Anti-abortion views and activities

Disciple at the Pro-Life Music Festival, Winona Lake, Indiana 2006 Disciple at the Pro Life Music Fest.JPG
Disciple at the Pro-Life Music Festival, Winona Lake, Indiana 2006
Abortion protester plane at 2009 Notre Dame Commencement Ceremony Abortion Protester - 3589435394.jpg
Abortion protester plane at 2009 Notre Dame Commencement Ceremony

Protests

On July 26, 2022, hundreds of Indiana Right to Life supporters gathered at the "Love Them Both" Rally in the Indiana Statehouse to support enactment of pro-life legislation. Speakers included Angela Minter, president and founder of Sisters for Life, Mike Fichter, president and CEO of Indiana Right to Life, and Senator Liz Brown. [58]

See also

Footnotes

    Related Research Articles

    <span class="mw-page-title-main">Abortion law in the United States by state</span> Termination of pregnancy in states of the United States

    The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly depending on the laws of each state or other jurisdiction. Some states prohibit abortion at all stages of pregnancy with few exceptions, others permit it up to a certain point in a woman's pregnancy, while others allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements.

    Abortion in Oklahoma is illegal unless the abortion is necessary to save the life of a pregnant woman.

    Abortion in Alabama is illegal. Historically, Alabama's abortion laws have evolved from strict regulations in the late 19th and early 20th centuries to a period of liberalization following the landmark 1973 Supreme Court decision in Roe v. Wade, which legalized abortion nationwide. However, Alabama has consistently enacted legislation aimed at restricting access to abortion.

    Abortion in Georgia is legal up to the detection of an embryonic heartbeat, which typically begins in the 5th or 6th week after the onset of the last menstrual period (LMP) or in two to three weeks after implantation. This law came into force on July 20, 2022, almost a month after the U.S. Supreme Court's Dobbs v. Jackson Women's Health Organization, No. 19-1392, 597 U.S. ___ (2022) ruling. In 2007, mandatory ultrasound requirements were passed by state legislators. Georgia has continually sought to legislate against abortion at a state level since 2011. The most recent example, 2019's HB 481, sought to make abortion illegal as soon as an embryonic heartbeat can be detected; in most cases that is around the six-week mark of a pregnancy. Many women are not aware they are pregnant at this time. An injunction was issued against this bill by a federal judge, who ruled that it contravened the Supreme Court's 1973 ruling. A poll conducted by the Pew Research Center in 2014 found that 49% of Georgians believed abortions should be illegal in all or most cases vs 48% legal in all or most cases.

    Abortion in Illinois is legal. Laws about abortion dated to the early 1800s in Illinois; the first criminal penalties related to abortion were imposed in 1827, and abortion itself became illegal in 1867. As hospitals set up barriers in the 1950s, the number of therapeutic abortions declined. Following Roe v. Wade in 1973, Illinois passed a number of restrictions on abortion, many of which have subsequently been repealed. Illinois updated its existing abortion laws in June 2019. The state has seen a decline in the number of abortion clinics over the years, going from 58 in 1982 to 47 in 1992 to 24 in 2014.

    Abortion in Arizona is illegal, except for when it is "necessary to save" the life of the pregnant individual. There are no exceptions for rape or incest, and the legally prescribed sentence for assisting in an illegal abortion is 2-5 years in prison. The Arizona Supreme Court ruled on April 9, 2024 that enforcement of this near-total ban on abortion can begin from April 23, 2024. Arizona Attorney General Kris Mayes, a Democrat, responded that as long as she is in office, then women or doctors will not be prosecuted under this law.

    Abortion in Idaho is illegal from fertilization. Following the overturning of Roe v. Wade on June 24, 2022, abortion in Idaho was criminalized by the trigger law which states that a person who performs an abortion may face two to five years of imprisonment. The ban allows exceptions for maternal health, rape and incest within the first trimester. The law took effect on August 25, 2022.

    Abortion in Maine is legal, although terminations after fetal viability can only be performed if a physician determines it to be medically necessary. According to a poll by the Pew Research Center, 64% of adults said that abortion should be legal, with 33% stating that it should be illegal in all or most cases.

    Abortion in Michigan is legal throughout all stages of pregnancy. A state constitutional amendment to explicitly guarantee abortion rights was placed on the ballot in 2022 as Michigan Proposal 22–3; it passed with 57 percent of the vote, adding the right to abortion and contraceptive use to the Michigan Constitution. The amendment largely prevents the regulation of abortion before fetal viability, unless said regulations are to protect the individual seeking an abortion, and it also makes it unconstitutional to make laws restricting abortions which would protect the life and health, physical and/or mental, of the pregnant individual seeking abortion.

    Abortion in Montana is legal. The number of abortion clinics in Montana has fluctuated over the years, with twenty in 1982, twelve in 1992, eight providers of which seven were clinics in 2011, and five clinics in 2014. There were four clinics from 2015 to February 2018 when All Families Healthcare clinic in Whitefish reopened. There were 1,690 legal abortions in 2014, and 1,611 in 2015.

    Abortion in North Dakota is illegal. The state's sole abortion clinic relocated to Minnesota.

    Abortion in Tennessee is illegal from fertilization, except to "prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman".

    Abortion in Utah is legally performed under a temporary restraining order blocking enforcement of the state's trigger law, which bans abortion. According to HB136, which is effective state law from June 28, 2022, abortions are banned following 18 weeks of gestation. Abortion was banned following the Supreme Court case, Dobbs v. Jackson Women's Health Organization on June 24, 2022. Utah State Legislation enacted SB 174 in May 2020, which, upon the overturn of Roe v. Wade, made inducing an abortion a second-degree felony. The law includes exceptions for pregnancies "caused by rape or incest," pregnancies that put the mother's life at risk, or "if two doctors say the fetus has a lethal defect." Rape and incest exceptions will only be viable if the crimes were previously reported to law enforcement officials.

    Abortion in Wisconsin has been legal since September 18, 2023, and is performed in Madison, Milwaukee and Sheboygan through 22 weeks gestation. However, elective abortions in Wisconsin are under dispute after the overturning of Roe v. Wade by the Supreme Court of the United States on June 24, 2022. Abortion opponents cite an 1849 law that they claim bans the procedure in all cases except when the life of the mother is in danger. However, lower level courts have argued that the law only applies to infanticide and not consensual abortions. The enforceability of the law is disputed and being considered by the state courts. Planned Parenthood of Wisconsin announced that they would resume abortion services in Madison and Milwaukee on September 18, 2023. Planned Parenthood of Wisconsin later announced that they would resume abortion services in Sheboygan on December 28, 2023.

    Abortion in California is legal up to the point of fetal viability. An abortion ban was in place by 1900, and by 1950, it was a criminal offense for a woman to have an abortion. In 1962, the American Law Institute published their model penal code as it applied to abortions, with three circumstances where they believed a physician could justifiably perform an abortion, and California adopted a version of this code. In 2002, California passed a law guaranteeing women the right to have an abortion "prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the woman." In 2022, California voters overwhelmingly approved Proposition 1, which amended the Constitution of California to explicitly protect the right to abortion and contraception by a margin of 33.76%.

    Abortion in Florida is currently legal up until the 15th week of gestation, whilst an embryonic heartbeat ban that restricts abortion after the 6th week of pregnancy is set to take effect on May 1, 2024. Both pieces of legislation were signed by Governor Ron DeSantis.

    Abortion in Iowa is legal up to 20 weeks of gestation. A 6-week abortion ban has been indefinitely blocked in court.

    Abortion in Wyoming is currently legal due to a temporary court injunction.

    Box v. Planned Parenthood of Indiana and Kentucky, Inc., No. 18-483, 587 U.S. ___, 139 S.Ct. 1780 (2019), was a United States Supreme Court case dealing with the constitutionality of a 2016 anti-abortion law passed in the state of Indiana. Indiana's law sought to ban abortions performed solely on the basis of the fetus' gender, race, ethnicity, or disabilities. Lower courts had blocked enforcement of the law for violating a woman's right to abortion under privacy concerns within the Fourteenth Amendment, as previously found in the landmark cases Roe v. Wade and Planned Parenthood v. Casey. The lower courts also blocked enforcement of another portion of the law that required the disposal of aborted fetuses through burial or cremation. The per curiam decision by the Supreme Court overturned the injunction on the fetal disposal portion of the law, but otherwise did not challenge or confirm the lower courts' ruling on the non-discrimination clauses, leaving these in place.

    Dobbs v. Jackson Women's Health Organization, No. 19-1392, 597 U.S. 215 (2022), is a landmark decision of the U.S. Supreme Court in which the court held that the Constitution of the United States does not confer a right to abortion. The court's decision overruled both Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), returning to individual states the power to regulate any aspect of abortion not protected by federal statutory law.

    References

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    2. ↑ "Indiana's near-total abortion ban set to take effect as state Supreme Court denies rehearing". Associated Press . August 22, 2023.
    3. 1 2 ACLU of Indiana (22 September 2022). "Court Temporarily Blocks Indiana Abortion Ban | ACLU of Indiana". www.aclu-in.org.
    4. 1 2 3 Smith, Casey (19 January 2023). "Indiana Supreme Court Justices hear arguments in challenge to near-total abortion ban". Indiana Capital Chronicle.
    5. ↑ Posner, Sarah (9 April 2024). "A Hobby Lobby plot twist marks a win for abortion rights in Indiana". MSNBC.
    6. 1 2 3 4 Buell, Samuel (1991-01-01). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID   11652642.
    7. ↑ Boesche, Madeleine. "19th Century Anti-Abortion Laws Enforcement in the Rural United States". History: Clark Fellowship. Vassar College.
    8. 1 2 3 4 5 6 7 8 Force, Robert (1967). "Legal Problems of Abortion Law Reform". Administrative Law Review. 19 (4): 364–382. ISSN   0001-8368. JSTOR   40709458.
    9. ↑ IC 16-34-2-1.1. "Voluntary and informed consent condition; information required if a lethal fetal anomaly is diagnosed; ultrasound report; suspected coercion". Indiana Code. Indiana General Assembly.{{cite news}}: CS1 maint: numeric names: authors list (link)
    10. ↑ Times, The New York. "Abortion Restrictions in States". archive.nytimes.com. Retrieved 2019-05-25.
    11. ↑ "State Policy On Informed Consent for Abortion" (PDF). Guttmacher Policy Review. Fall 2007. Retrieved May 22, 2019.
    12. ↑ Moseson, Heidi; Smith, Mikaela H.; Chakraborty, Payal; Gyuras, Hillary J.; Foster, Abigail; Bessett, Danielle; Wilkinson, Tracey A.; Norris, Alison H. (2023). "Abortion-Related Laws and Concurrent Patterns in Abortion Incidence in Indiana, 2010–2019". American Journal of Public Health. 113 (4): 429–437. doi:10.2105/AJPH.2022.307196. PMC   10003501 .
    13. 1 2 3 4 5 Tavernise, Sabrina (2019-05-15). "'The Time Is Now': States Are Rushing to Restrict Abortion, or to Protect It". The New York Times. ISSN   0362-4331 . Retrieved 2019-05-24.
    14. ↑ "TRAP Laws Gain Political Traction While Abortion Clinics—and the Women They Serve—Pay the Price". Guttmacher Institute. 2013-06-27. Retrieved 2019-05-27.
    15. ↑ "Law requiring ultrasound before abortion goes into effect Jan. 1". www.wthr.com. 31 December 2020.
    16. ↑ de Vogue, Arinne (June 24, 2022). "Supreme Court overturns Roe v. Wade". CNN . Archived from the original on June 24, 2022. Retrieved June 24, 2022.
    17. ↑ Howe, Amy (June 24, 2022). "Supreme Court overturns constitutional right to abortion". SCOTUSblog . Archived from the original on June 24, 2022. Retrieved June 24, 2022.
    18. ↑ Center for Drug Evaluation and Research (19 January 2023). "Questions and Answers on Mifepristone for Medical Termination of Pregnancy Through Ten Weeks Gestation". FDA.
    19. 1 2 3 Salter, Jim (1 February 2023). "20 attorneys general warn Walgreens, CVS over abortion pills". AP NEWS.
    20. ↑ Belluck, Pam; Creswell, Julie (8 March 2023). "Walgreens Faces Blowback for Not Offering Abortion Pill in 21 States". The New York Times.
    21. 1 2 Pierson, Brendan; Hals, Tom (10 April 2023). "Judges issue conflicting abortion-pill injunctions". Reuters.
    22. ↑ Supreme Court of the United States (April 21, 2023). "Danco Laboratories, LLC v. Alliance for Hippocratic Medicine, et al" (PDF). SupremeCourt.gov.
    23. 1 2 3 Totenberg, Nina (April 21, 2023). "Supreme Court blocks lower court decision in case on FDA approval of abortion pill". NPR.
    24. ↑ Posner, Sarah (9 April 2024). "A Hobby Lobby plot twist marks a win for abortion rights in Indiana". MSNBC.
    25. ↑ Arndorfer, Elizabeth; Michael, Jodi; Moskowitz, Laura; Grant, Juli A.; Siebel, Liza (December 1998). A State-By-State Review of Abortion and Reproductive Rights. DIANE Publishing. ISBN   9780788174810.
    26. ↑ Gould, Rebecca Harrington, Skye. "The number of abortion clinics in the US has plunged in the last decade — here's how many are in each state". Business Insider. Retrieved 2019-05-23.{{cite web}}: CS1 maint: multiple names: authors list (link)
    27. ↑ Panetta, Grace; lee, Samantha (2018-08-04). "This is what could happen if Roe v. Wade fell". Business Insider (in Spanish). Archived from the original on 2019-05-24. Retrieved 2019-05-24.
    28. ↑ Bohatch, Emily. "27 states with the most Planned Parenthood clinics". thestate. Retrieved 2019-05-24.
    29. ↑ "Here's Where Women Have Less Access to Planned Parenthood" . Retrieved 2019-05-23.
    30. ↑ "Counties With or Without Hospital or Inpatient Delivery Services Available - Counties With or Without Hospital or Inpatient Delivery Services Available". The Indiana Data Hub. Indiana State Government. 24 September 2019. Retrieved 2022-09-30.
    31. ↑ Indiana Department of Health (30 June 2022). "Terminated Pregnancy Reports". Indiana Department of Health: Vital Statistics.
    32. ↑ Indiana Department of Health. "Indiana 2021 Abortion Complication Report" (PDF). Indiana Department of Health: Vital Statistics.
    33. 1 2 Chawla, Nelly (June 30, 2022). 2021 Terminated Pregnancy Report (PDF). Indiana Department of Health, Division of Vital Records.
    34. ↑ Cates, Willard; Rochat, Roger (March 1976). "Illegal Abortions in the United States: 1972–1974". Family Planning Perspectives. 8 (2): 86–92. doi:10.2307/2133995. JSTOR   2133995. PMID   1269687.
    35. ↑ "Pacifica Radio". 2003-01-22. Archived from the original on 2009-04-06. Retrieved 2009-05-31.
    36. ↑ Platner J (2006-09-15). "Remembering Becky Bell". Planned Parenthood Golden Gate. Retrieved 2009-05-31.
    37. ↑ Frolik, Joe (September 9, 1990). "Abortion debate shifting: Individuals become symbols in dispute." The Plain Dealer (Plain Dealer Publishing Co). p. 1-A, 14-A.
    38. 1 2 3 4 5 6 7 8 9 10 11 Dettmer, Jamie (May 5, 1992). "Abortion's combat zone; Parents". The Times. London.(subscription required)
    39. 1 2 "Becky's Story". 60 Minutes . CBS News. February 24, 1991.
    40. ↑ Brotman, Barbara (April 8, 1990). "Abortion Law Blamed In Death". Chicago Tribune . On Sept. 16, 1988, Becky Bell died of what the Marion County coroner ruled was infection following an abortion and of pneumonia.
    41. ↑ Abbot, Karen (October 29, 1998). "Foes of Notification Enlist Grim, Dirty Images". Rocky Mountain News. Denver. p. 11A.
    42. ↑ James, Rich (June 27, 1990). "New Ruling Rekindles Abortion Debate". Post-Tribune . Becky was a vivacious, blue-eyed, blonde when she died of an infection after self-aborting in September 1988.
    43. ↑ Brotman, Barbara (April 8, 1990). "Abortion Law Blamed In Death". Chicago Tribune .
    44. ↑ Larson, Jordan (17 January 2017). "Timeline: The 200-Year Fight for Abortion Access". The Cut. Retrieved 2019-05-25.
    45. ↑ NBC News (2015-03-31). "INDIANAPOLIS: First woman in US sentenced for killing a fetus - WNCN: News, Weather, Raleigh, Durham, Fayetteville". WNCN. Archived from the original on 2015-04-15. Retrieved 2015-04-15.
    46. ↑ Arnold, Amanda (2019-05-21). "How to Join the Nationwide Abortion-Ban Protest Today". The Cut. Retrieved 2019-05-25.
    47. ↑ Sullivan, Mike (June 25, 2022). "Protests breakout in downtown Indy following the overturn of Roe v. Wade". Fox 59. Retrieved June 25, 2022.
    48. ↑ "Demonstrators gather on Monument Circle Friday after SCOTUS overturns Roe V. Wade". The Indianapolis Star. Gannett Co. June 24, 2022. Retrieved June 25, 2022.
    49. ↑ Brock, Hannah; Smalstig, Madison; Slaby, MJ (June 25, 2022). "Hoosiers gather at Indiana Statehouse in the wake of watershed Roe v. Wade reversal". The Indianapolis Star. Gannett Co. Retrieved June 25, 2022.
    50. ↑ Lane, Laura (June 25, 2022). "Abortion rights supporters converge at courthouse to decry Roe v Wade ruling". The Herald-Times. Gannett Co. Retrieved June 25, 2022.
    51. ↑ Shrake, Alexa (June 24, 2022). "'Surprising shock': Protesters march in Evansville streets as Roe v. Wade falls". Evansville Courier & Press. Gannett Co. Retrieved June 25, 2022.
    52. ↑ Reuille, Lydia; King, Taylor (June 25, 2022). "Fort Wayne voices rally downtown to support, protest Roe v. Wade ruling". WANE. Retrieved June 25, 2022.
    53. ↑ Padilla, Noe (June 30, 2022). "Protest draws largest Lafayette crowd since overturning of Roe v. Wade". Journal & Courier. Retrieved July 1, 2022.
    54. ↑ Murphy, Monica (June 24, 2022). "Local protests arise after Supreme Court overturns Roe v. Wade". WNDU. Retrieved June 25, 2022.
    55. ↑ Cheang, Ko Lyn; Kane, Lizzie (July 25, 2022). "Hundreds of protesters rally for abortion rights at statehouse, clash with a few anti-abortion activists". Indy Star. Retrieved July 25, 2022.
    56. ↑ Pete, Joseph S. (August 1, 2023). "Protesters decry Indiana's abortion ban" . Retrieved August 21, 2023.
    57. ↑ Appleton, Rory (November 14, 2023). "Russian activism group Pussy Riot films pro-abortion demonstration at Indiana Statehouse" . Retrieved February 27, 2024.
    58. ↑ Wilkinson, Kelly. "Love Them Both Rally at Statehouse speaks against abortion". Indy Star. Retrieved 16 January 2024.
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