A federal judge is allowing an Indiana law largely banning a second-trimester abortion procedure to take effect following the U.S. Supreme Court’s decision to end the constitutional protection for abortion.
U.S. Senior Judge for the Southern District of Indiana Sarah Evans Barker’s order signed Thursday lifts the injunction she issued in 2019 blocking the law against the procedure that the Republican-backed legislation called “dismemberment abortion.”
Barker granted a request from the Indiana Attorney General’s Office to lift her order, writing that the Supreme Court’s decision last month overturning the landmark Roe v. Wade ruling removed the “linchpin holdings” for her analysis.
The law prohibits doctors from performing dilation and evacuation abortions unless to prevent serious health risk or save the life of the mother. A doctor violating the law could face a felony charge, punishable by up to six years in prison.
Barker, however, declined to lift her injunction against a 2017 Indiana law that would require parents to be notified if a court allows a girl younger than 18 to get abortion without parental consent. She cited procedural reasons, pointing out that the challenge of that law was pending with the 7th Circuit Court of Appeals in Chicago.
Indiana could have more sweeping abortion restrictions by sometime next month as the Republican-dominated state legislature is scheduled to begin a special legislative session on July 25.
Attorney General Todd Rokita chalks up win in historic case that lifts “dismemberment abortion” injunction
Submitted
Indiana Attorney General Todd Rokita on Friday announced an historic legal win in his work to protect the lives and liberty of the unborn.
After the Supreme Court’s Dobbs decision, Rokita immediately filed a motion to lift the current injunction on dismemberment abortions, which occur well after the unborn baby is fully developed. A federal district court granted that motion Thursday.
Rokita
“The court’s ruling this week vacating its earlier injunction that permitted this gruesome procedure to continue is an exciting battle victory in our war to defend the unborn and protect women,” Rokita said. “My office will continue to take all necessary steps to limit abortion, assist mothers, empower families to choose life, and ultimately protect the lives of the unborn.”
In a separate case, Rokita on Friday filed a motion with the Seventh Circuit Court of Appeals to reestablish the parental notice requirement for minors to have an abortion. A district court ruled Thursday that it did not have jurisdiction to consider that motion.
“Indiana has a long history of defending life,” Rokita said. “I’ll continue to do everything in my power to protect unborn children and the physical, mental, and emotional well-being of their mothers.”
Rokita has made it a priority to advance the pro-life movement throughout his time in office and continues that work daily. While many states may refuse to take necessary action to protect life, Rokita says, Indiana is paving the way without hesitation.