Indiana judge rules against abortion providers amid near-total ban

An Indiana county judge ruled against abortion providers seeking to expand access under the state's near-total abortion ban, which was enacted following the U.S. Supreme Court's decision to end federal protections in 2022. The ruling, delivered by Judge Kelsey Blake Hanlon after a three-day trial, denied the providers' request for a permanent injunction against the law's medical exemptions and the requirement that abortions be performed only in hospitals. The judge emphasized that the court cannot impose its policy preferences over those of the Indiana General Assembly. The near-total ban includes limited exceptions for cases involving the health or life of the mother, as well as instances of rape, incest, and lethal fetal anomalies. The Indiana Supreme Court had previously upheld the ban, affirming that the state constitution protects a woman's right to an abortion when her life or health is at risk. Despite this, Indiana's clinics ceased providing abortions before the ban took effect in August 2023. In her 50-page order, Hanlon noted that the providers failed to present specific instances where the law's requirements hindered access to abortion. She acknowledged the challenges faced by physicians in a politically charged environment but maintained that they are not required to wait until a patient is critically unstable to provide care. The judge also rejected the notion that mental health conditions qualify as serious health risks under the law. The ruling was praised by Indiana Attorney General Todd Rokita, who stated that the law is reasonable and constitutional. Planned Parenthood and the ACLU of Indiana have not yet commented on the decision, but the providers are expected to appeal the ruling.