Indiana Attorney General Curtis Hill is appealing the federal ruling against a state law requiring women to wait at least 18 hours between an ultrasound and an abortion.
Prior to the 2016 Indiana anti-abortion law, women could get an ultrasound in the same visit as their abortion. The new law required that 18-hour period between the ultrasound and the procedure. Few Indiana clinics perform abortions, so that would require many Hoosier women to make two long trips.
Planned Parenthood and the American Civil Liberties Union sued, and a federal judge recently ruled in their favor.
“We produced facts to show how this is hurting Planned Parenthood,” said ACLU of Indiana Legal Director Ken Falk at the time of the ruling. “The state, according to the court – and of course according to us – did not produce any facts to justify this additional restriction.”
The Indiana Right to Life is applauding the appeal.
“The pro-life community is pleased Attorney General Hill is defending our state’s common sense ultrasound law,” said Mike Fichter, President and CEO of Indiana Right to Life, in a statement. “It’s disappointing that Planned Parenthood turns to activist judges anytime they find an abortion law they don’t like.”
Separate parts of last year’s abortion law – provisions banning abortions performed because of the fetus’ characteristics and potential disability and requiring medical facilities to bury or cremate fetal remains – were halted by a previous ruling and have not been appealed.
The state’s brief is due May 30.
Indiana Public Broadcasting’s Brandon Smith, Becca Costello, J.D. Gray and Sarah Neal-Estes contributed to this report.