sunny.png
Wednesday September 28th, 2022 12:37PM

Indiana abortion clinics reopening after judge blocks ban

By The Associated Press
Related Articles
  Contact Editor

INDIANAPOLIS (AP) — After an Indiana judge on Thursday blocked the state's abortion ban from being enforced, phones starting ringing across Indiana abortion clinics, which are preparing to resume the procedure a week after the ban had gone into effect.

“People are getting the word that abortion is now legal again, and people are ready to get their health care that they deserve and that they desire,” Dr. Katie McHugh, an abortion provider at Women's Med in Indianapolis, told The Associated Press.

Owen County Judge Kelsey Hanlon issued a preliminary injunction against the ban, putting the new law on hold as abortion clinic operators argue in a lawsuit that it violates the state constitution.

Indiana's seven abortion clinics were to lose their state licenses under the ban — which only permits abortions within its narrow exceptions to take place in hospitals or outpatient surgical centers.

The ban was approved by the state’s Republican-dominated Legislature on Aug. 5 and signed by GOP Gov. Eric Holcomb. That made Indiana the first state to enact tighter abortion restrictions since the U.S. Supreme Court eliminated federal abortion protections by overturning Roe v. Wade in June.

The judge wrote “there is reasonable likelihood that this significant restriction of personal autonomy offends the liberty guarantees of the Indiana Constitution” and that the clinics will prevail in the lawsuit. The order prevents the state from enforcing the ban pending a trial on the merits of the lawsuit.

Republican state Attorney General Todd Rokita said in a statement: “We plan to appeal and continue to make the case for life in Indiana,” calling the abortion ban law “a reasonable way” to protect the unborn.

Women’s Med is expecting to see patients again starting Friday, McHugh said.

“I had really hoped for this, but honestly, I didn’t really expect it,” she said. “So the fact that this is what happened is such a pleasant surprise and such a validation of what we have been saying this whole time."

Whole Woman’s Health, which operates an abortion clinic in South Bend, said its staff members “are making plans to resume abortion care in the near future.”

“Of course, this landscape of legal back-and-forth leads to disruption in patient care and uncertainty for our staff,” said Amy Hagstrom Miller, president and CEO of Whole Woman’s Health.

Indiana’s ban followed the political firestorm over a 10-year-old rape victim who traveled to the state from neighboring Ohio to end her pregnancy. The case gained wide attention when an Indianapolis doctor said the child came to Indiana because of Ohio’s “fetal heartbeat” ban.

An Ohio judge has temporarily blocked that state law, indicating he will allow abortions to continue up to 20 weeks’ gestation until after a court hearing scheduled for Oct. 7.

With Indiana now on hold, bans on abortion at any point in pregnancy are in place in 12 Republican-led states. In Wisconsin, clinics have stopped providing abortions amid litigation over whether an 1849 ban is in effect. Georgia bans abortions once fetal cardiac activity can be detected and Florida and Utah have bans that kick in after 15 and 18 weeks gestation, respectively.

The Indiana ban replaced state laws that generally prohibited abortions after the 20th week of pregnancy and tightly restricted them after the 13th week. The ban includes exceptions allowing abortions in cases of rape and incest, before 10 weeks post-fertilization; to protect the life and physical health of the mother; and if a fetus is diagnosed with a lethal anomaly.

The American Civil Liberties Union of Indiana, which is representing the abortion clinics, filed the lawsuit Aug. 31 and argued the ban would “prohibit the overwhelming majority of abortions in Indiana and, as such, will have a devastating and irreparable impact on the plaintiffs and, more importantly, their patients and clients.”

Ken Falk, the ACLU of Indiana’s legal director, pointed to the state constitution’s declaration of rights including “life, liberty and the pursuit of happiness” in arguing before the judge on Monday that it included a right to privacy and to make decisions on whether to have children.

The state attorney general’s office said the court should uphold the ban, saying arguments against it are based on a “novel, unwritten, historically unsupported right to abortion” in the state constitution.

“The constitutional text nowhere mentions abortion, and Indiana has prohibited or heavily regulated abortion by statute since 1835 — before, during, and after the time when the 1851 Indiana Constitution was drafted, debated, and ratified,” the office said in a court filing.

The question of whether the Indiana Constitution protects abortion rights is undecided.

A state appeals court decision in 2004 said privacy was a core value under the state constitution that extended to all residents, including women seeking an abortion. But the Indiana Supreme Court later set aside that ruling without addressing whether the state constitution included such a right.

Hanlon, a Republican who was first elected in 2014 as a judge in the rural southern Indiana county, wrote that Indiana's constitution “is more explicit in its affirmation of individual rights and its limitation of legislative power to intrude into personal affairs” than the U.S. Constitution.

“There is a reasonable likelihood that decisions about family planning, including decisions about whether to carry pregnancy to term,” are protected by the state 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 granted much needed relief for patients, clients, and providers but this fight is far from over.”

__

Rodgers is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow Arleigh Rodgers on Twitter at https://twitter.com/arleighrodgers

  • Associated Categories: U.S. News, Associated Press (AP), AP National News, Top U.S. News short headlines, Top General short headlines, AP Online Headlines - Washington, AP Online Congress News, AP Health, AP Business, AP Health - Women's health, AP Business - Industries, AP Business - Health Care
© Copyright 2022 AccessWDUN.com
All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.
Biden vows US won't walk away from storm-struck Puerto Rico
President Joe Biden says the full force of the federal government is ready to help Puerto Rico recover from the devastation of Hurricane Fiona
5:27PM ( 6 minutes ago )
Alex Jones testifies in trial over his Sandy Hook hoax lies
Conspiracy theorist Alex Jones took the stand Thursday at his trial in Connecticut to try to limit the damages he must pay for calling the Sandy Hook school shooting a hoax
5:27PM ( 7 minutes ago )
Why is a NASA spacecraft crashing into an asteroid?
A NASA spacecraft is about to clobber a small, harmless asteroid millions of miles away
5:11PM ( 23 minutes ago )
Associated Press (AP)
US urges world to tell Russia to stop its nuclear threats
The United States is urging other nations to tell Russia to stop making nuclear threats and end “the horror” of its war in Ukraine
4:54PM ( 40 minutes ago )
Ex-Illinois cop charged in 2020 fatal shooting of Black man
A former suburban Chicago police officer who was fired after he shot into a car two years ago, killing a Black man and seriously wounding the man’s girlfriend, has been charged with second-degree murder and involuntary manslaughter
4:53PM ( 41 minutes ago )
Tears and hugs for Russians called up to fight in Ukraine
Russia is escalating its military and political campaign to take over Ukrainian territory
4:42PM ( 52 minutes ago )
AP National News
White House: GOP abortion ban would mean a nationwide crisis
The White House and the American College of Obstetricians and Gynecologists say a Republican-led proposal to ban abortion nationwide after 15 weeks would endanger the health of women and have severe consequences for physicians
2:41PM ( 2 hours ago )
Education takes an unusual back seat in Georgia election
Both Republican incumbent Brian Kemp and Democratic challenger Stacey Abrams are touting education proposals in Georgia's race for governor
2:23PM ( 3 hours ago )
Prosecutors drop some charges in Florida nursing home deaths
Prosecutors have dropped manslaughter charges against three nurses who were present when 12 Florida nursing home patients suffered fatal overheating five years ago after Hurricane Irma
2:11PM ( 3 hours ago )
Top U.S. News short headlines
In Ukraine, Russia presses military and political campaigns
Russia is escalating its military and political campaign to take over Ukrainian territory
1:51PM ( 3 hours ago )
FTC says Bezos, Jassy must testify in probe of Amazon Prime
Federal regulators are ordering Amazon founder Jeff Bezos and CEO Andy Jassy to testify in the government's investigation of Amazon Prime
1:21PM ( 4 hours ago )
AP sources: Celtics considering suspension of Ime Udoka
Two people with knowledge of the matter say Boston Celtics coach Ime Udoka is headed for a likely suspension for violating a team policy
12:36PM ( 4 hours ago )
Top General short headlines
Smoking ban talk nixed, but workers get loud outside casino
Irate that a session to discuss a proposed smoking ban during a casino industry conference was canceled, casino workers and patrons opposed to smoking in the gambling halls held a noisy protest outside the meeting Thursday in New Jersey
3:58PM ( 1 hour ago )
House Dems close in on police funding bills despite tensions
House Democrats are working to pass a long-sought policing and public safety package
3:30PM ( 2 hours ago )
US sanctions Iranian morality police after woman's death
The U.S. government has imposed sanctions on Iran’s morality police after the death in custody of a woman who'd been accused of wearing her Islamic headgear too loosely
3:17PM ( 2 hours ago )
AP Online Headlines - Washington
Judge blocks Indiana abortion ban week after it took effect
An Indiana judge has blocked the state’s abortion ban from being enforced, putting the new law on hold as abortion clinic operators argue that it violates the state constitution
9:48AM ( 7 hours ago )
White House hosts local officials, touts impact of policies
The White House is reaching out to local governments
5:34AM ( 12 hours ago )
The politicians vying to lead Italy's next government
The main candidates in Italy's general election on Sunday to elect a new Parliament and determine who next governs the country include both familiar names and lesser-known ones
4:14AM ( 13 hours ago )
AP Online Congress News
Israel rolls out new omicron-tailored COVID-19 vaccines
Israel has started administering doses of the new COVID-19 vaccine tailored to fight the highly infectious omicron variant
8:38AM ( 8 hours ago )
Secret vaccinations help Zimbabwe mothers protect children
Church members in Zimbabwe are getting their children vaccinated against measles in secret amid a deadly outbreak
3:11AM ( 14 hours ago )
Danish queen tests positive after UK monarch's funeral
Denmark’s Queen Margrethe II has tested positive for the coronavirus after attending the funeral of Britain’s Queen Elizabeth II
9:10AM ( 1 day ago )
AP Health
Wall Street ends lower as global central banks raise rates
Stocks closed lower on Wall Street, deepening their losses for the week, as central banks around the world raised interest rates to fight inflation
4:09PM ( 1 hour ago )
Execs: US casinos learned some useful lessons from pandemic
The COVID pandemic forced most U.S. casinos to close for months, causing payrolls, revenue and earnings to tumble
4:09PM ( 1 hour ago )
BNSF: Rail accident victims should have to use arbitration
BNSF Railway says in a federal lawsuit that victims of an Amtrak derailment in Missouri should be required to seek settlements through arbitration, rather than filing lawsuits
3:57PM ( 1 hour ago )
AP Business
Ad spending shows Dems hinging midterm hopes on abortion
Democrats are pumping an unprecedented amount of money into advertising related to abortion rights
12:45PM ( 2 days ago )
Indiana judge weighing bid to block state's new abortion ban
A top state lawyer has derided arguments that Indiana’s new abortion ban violates the state constitution, saying that Indiana had such laws in place when the constitution was drafted in 1851 and that opponents of the ban are trying to invent a state right to privacy
5:32PM ( 3 days ago )
Prospect of far-right female premier divides Italian women
Italy could be on the verge of electing its first woman premier
2:49AM ( 4 days ago )
AP Health - Women's health
Bank of England hikes rates but avoids more aggressive step
Britain’s central bank has raised its key interest rate by another half-percentage point, avoiding more aggressive steps to tame inflation that the U.S. Federal Reserve and other banks have taken
10:01AM ( 7 hours ago )
France's Macron seeks 'massive' boost for renewable energy
French President Emmanuel Macron has called for a “massive acceleration” of renewable energy development in France, including offshore wind farms and solar power
9:58AM ( 7 hours ago )
UK government lifts fracking ban despite opposition
Britain’s government has confirmed it is lifting a ban on fracking in England, arguing that the move will help boost the country’s energy security following Russia’s invasion of Ukraine
9:35AM ( 8 hours ago )
AP Business - Industries
Gates Foundation prods UN, honors inspiration as Goalkeepers
Bill Gates and Melinda French Gates combined characteristic optimism with sobering questions about persistent gender inequality and hunger at an event the Gateses’ foundation convened on the sidelines of the U.N. General Assembly
7:44PM ( 21 hours ago )
Sarah Sanders released from hospital after cancer surgery
Former White House press secretary and Arkansas GOP gubernatorial candidate Sarah Sanders has been released from a hospital following surgery for thyroid cancer
1:12PM ( 5 days ago )
In Indiana, a shifting abortion landscape without clinics
Hospitals and abortion clinics in Indiana are preparing for the state's abortion ban to go into effect on Sept. 15
8:54AM ( 1 week ago )
AP Business - Health Care
Biden vows US won't walk away from storm-struck Puerto Rico
President Joe Biden says the full force of the federal government is ready to help Puerto Rico recover from the devastation of Hurricane Fiona
5:27PM ( 10 minutes ago )
Alex Jones testifies in trial over his Sandy Hook hoax lies
Conspiracy theorist Alex Jones took the stand Thursday at his trial in Connecticut to try to limit the damages he must pay for calling the Sandy Hook school shooting a hoax
5:27PM ( 11 minutes ago )
Why is a NASA spacecraft crashing into an asteroid?
A NASA spacecraft is about to clobber a small, harmless asteroid millions of miles away
5:11PM ( 27 minutes ago )
Governors races take on new prominence, with higher stakes
Governors races often are overshadowed by the fight for control of Congress during midterm elections
5:09PM ( 28 minutes ago )
Yellen to visit North Carolina ahead of tight midterm races
Treasury Secretary Janet Yellen heads to the Durham, North Carolina, area next Tuesday as part of her ongoing national tour to promote the Biden administration’s legislative agenda ahead of midterm elections
5:06PM ( 31 minutes ago )