September 11, 2024

Judge rejects effort to expand Indiana abortion ban's serious health exception

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Lawsuits against Indiana's near-total abortion ban have been ongoing since the law was passed in 2022. - Brandon Smith / IPB News

Lawsuits against Indiana's near-total abortion ban have been ongoing since the law was passed in 2022.

Brandon Smith / IPB News

A county judge rejected an effort by abortion care providers to expand the health exception in Indiana’s near-total abortion ban.

The Indiana Supreme Court ruled last year that the state constitution guarantees the right to abortion only if a pregnant person’s life or serious health is at risk.

That is one of the few exceptions to Indiana’s abortion ban. But some of the state’s abortion care providers argued in court that exception in the law is vague and too narrow.

But Judge Kelsey Hanlon disagreed. She said the providers couldn’t come up with any examples of medical conditions that would cause serious health risks but aren’t allowed under the law.
 

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Hanlon also rejected the arguments that emotional or mental health conditions should be allowed under the law, and said there is no evidence that abortion is necessary to treat such conditions.

READ MORE: Providers, patients work to navigate access to care in near-total abortion ban's first year

And Hanlon said that while some doctors can’t be certain what qualifies under the ban’s health exception, the law is not too vague.

The ruling will likely be appealed.
 


 

Brandon is our Statehouse bureau chief. Contact him at bsmith@ipbs.org or follow him on Twitter at @brandonjsmith5.

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