Indiana Right to Life says ‘Today’s ruling strongly affirms Indiana’s right to limit abortions’
By Dave Andrusko
Following a three-day bench trial in May, Judge Kelsey Blake Hanlon denied the request of abortion providers, including Planned Parenthood, for a permanent injunction against state’s law, known as S.B. 1.
“Significant and compelling evidence regarding the policy implications of S.B. 1 and its effect on medical professionals in particular was presented,” Judge Hanlon wrote. “However, the Court cannot substitute its own policy preferences for that of the Indiana General Assembly.”
According to reporter David Gay of WXIN-TV
While Hanlon said that the plaintiffs presented “compelling evidence regarding the serious nature of mental illness for perinatal women,” she said they did not show how the conditions constitute serious health risks or that abortion is “necessary” for mental and emotional conditions.
Ultimately, Hanlon said the plaintiffs did not show that the law “burdens the rights of any specific patient or well-defined class of patients to access constitutionally protected abortion care.”
Quoting further from the opinion, Gay wrote
“Plaintiffs have not shown an instance where an abortion is necessary to treat a serious health risk but would also fall outside of the health and life exception. Additionally, plaintiffs have not demonstrated that the hospital requirement is materially burdensome to constitutionally protected abortion access, nor that it fails rational basis review as to statutorily authorized (but not constitutionally protected) abortions.”
Gay concluded again quoting from Hanlon’s opinion:
“The court is not tasked with determining the wisdom of SB 1. Rather, the court limits its analysis to whether SB 1 prevents patients from exercising a constitutional right to protect themselves against serious health risks by materially burdening access to abortions necessary to address that risk.”
Indiana Right to Life President and Chief Executive Officer Mike Fichter celebrated the decision.
“Today’s ruling strongly affirms Indiana’s right to limit abortions. The limits in Indiana law have been highly effective in ending the killing of over 9,000 babies per year and stopped the abortion profiteers from making millions at the expense of women and their babies. The Indiana Supreme Court has already ruled Indiana’s law is constitutional and the U.S. Supreme Court affirmed in its 2022 Dobbs ruling the right for states to determine abortion law.
As abortion businesses like Planned Parenthood continue to seek ways to undermine Indiana law, we will remain focused on helping Indiana become a model state in showing compassion for pregnant mothers and providing protection for unborn babies.”
Planned Parenthood had attempted to expand medical exceptions under Indiana’s abortion ban and block the requirement that abortions could only be done in hospitals.