An Indiana judge on Wednesday has ruled against abortion providers seeking to challenge the state’s near-total abortion ban.
The ruling, handed down by Monroe County Circuit Court Judge Kelsey Blake Hanlon, denies efforts by the providers, including Planned Parenthood, who sought a permanent injunction to expand medical exceptions within the ban and remove restrictions limiting abortion procedures to hospitals.
Following the U.S. Supreme Court’s 2022 decision to overturn Roe v. Wade, Indiana outlawed abortions except when the mother’s life or health is in jeopardy, or in instances of rape, incest and deadly fetal anomalies under limited circumstances. The law, enacted in August 2022, makes Indiana one of the most restrictive states in the U.S. regarding access to the women’s health care procedure.
In her decision on Wednesday, Hanlon, who conducted a three-day bench trial in late May, denied the providers’ request for the permanent injunction against both elements of the state law, known as S.B. 1, stating that while the court considered evidence on the impact of the law, it could not substitute the legislature’s decision-making. Hanlon, a Republican appointed to oversee the case, emphasized that the Indiana General Assembly holds the authority to shape policy on the matter.
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“Significant and compelling evidence regarding the policy implications of S.B. 1 and its effect on medical professionals in particular was presented. However, the Court cannot substitute its own policy preferences for that of the Indiana General Assembly,” Hanlon wrote.
The case comes after the state’s Supreme Court upheld the ban in June 2023, but maintained that the Indiana Constitution still safeguards a woman’s right to terminate a pregnancy if her life or health is at risk.
But abortion providers argue that the language in the law is so vague that many doctors are hesitant to perform abortions, even in cases that technically qualify under the exemptions.
While Hanlon, in her 50-page order, acknowledged the difficulties posed by the law’s language—particularly for doctors operating under the threat of criminal liability—and recognized that the “politically charged environment” creates challenges, she ultimately sided with the state’s argument. She said that providers did not identify a situation where the health and life exemption or the hospital requirement prevented a woman from obtaining an abortion.
Newsweek has reached out to Planned Parenthood Federation of America via email for comment on Wednesday.
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Abortion supporters and opponents clash in front of the Supreme Court on May 3, 2022, in Washington, D.C. An Indiana judge on Wednesday ruled against abortion providers seeking to challenge the state’s near-total ban on… Abortion supporters and opponents clash in front of the Supreme Court on May 3, 2022, in Washington, D.C. An Indiana judge on Wednesday ruled against abortion providers seeking to challenge the state’s near-total ban on the women’s health procedure.
Win McNamee/Getty Images
The ruling also upheld the requirement that all abortions be performed in hospitals, rejecting the providers’ plea to allow outpatient clinics to offer the procedure, stating that hospitals are better equipped to manage cases involving serious health risks, fetal anomalies and cases of rape or incest.
“The evidence demonstrates that many women receiving abortion care when they are seriously ill or at risk of becoming seriously ill will likely be receiving in-hospital care irrespective of the hospital requirement,” Hanlon wrote.
In response to the ruling, Planned Parenthood Federation of America warned in a joint statement with the ACLU of Indiana and other plaintiffs that the court’s ruling means “lives will continue to be endangered by Indiana’s abortion ban,” adding that they “are still evaluating all options” on whether or not they will appeal the ruling.
“Already, Hoosiers with serious health complications have been forced to endure unjustifiable suffering due to miscarriages, ectopic pregnancies, and other pregnancy-related issues or leave the state to access appropriate care,” the statement said.
Indiana Attorney General Todd Rokita praised the decision, calling the state’s abortion law both “reasonable and constitutional.”
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Abortion has been a key issue for the Republican and Democratic campaigns as former President Donald Trump and Vice President Kamala Harris vie for the presidency.
Since the Supreme Court overturned Roe, many Republican-controlled states have enacted abortion restrictions, with 21 states banning or restricting the medical practice at every stage of pregnancy.
This article includes reporting by the Associated Press.
INDIANAPOLIS — An Indiana county judge ruled Wednesday against abortion providers who are seeking to broaden access to the procedure under the near-total ban state lawmakers passed after the U.S. Supreme Court ended federal protections in 2022.
The providers — including the regional Planned Parenthood affiliate — had sought a permanent injunction to expand the near-total ban’s medical exemptions and to block its requirement that abortions can only be performed at hospitals.
Judge Kelsey Blake Hanlon, who conducted a three-day bench trial in late May in southern Indiana’s Monroe County, denied the providers’ request for the permanent injunction against both elements of the 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. However, the Court cannot substitute its own policy preferences for that of the Indiana General Assembly,” Hanlon wrote.
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The providers are likely to appeal the ruling by Hanlon, an elected Republican from a different county who was appointed as a special judge in the case.
Indiana became the first state to enact tighter restrictions after the U.S. Supreme Court ended federal abortion protections by overturning Roe v. Wade in June 2022. Rare exceptions to the near-total ban include when the health or life of the mother is at risk as well as in cases of rape, incest and lethal fetal anomalies in limited circumstances.
The Indiana Supreme Court upheld the state’s ban in June 2023, ending a broader legal challenge brought by the same plaintiffs, but said the state’s constitution protects a women’s right to an abortion when her life or health is at risk.
Indiana’s clinics stopped providing abortions ahead of the ban officially taking effect in August 2023.
The providers said that the ban’s exceptions for protecting health are written so narrowly that in practice, many doctors won’t end a pregnancy even when a woman’s condition qualifies under the statute. The state defended the statute and said it sufficiently protects women when health complications arise in pregnancy.
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Indiana Attorney General Todd Rokita praised the judge’s ruling Wednesday. “Indiana’s pro-life law is both reasonable and constitutional, and we’re pleased the Monroe County Circuit Court upheld it,” he said in a statement.
Planned Parenthood and the ACLU of Indiana did not immediately respond Wednesday to requests for comment on the ruling.
In a 50-page order, Hanlon said providers gave hypothetical scenarios but did not identify a situation where the health and life exemption or the hospital requirement prevented a woman from obtaining an abortion.
Hanlon agreed with the state’s argument that the health and life exemption constitutionally protects pregnant patients with “serious health risks,” but acknowledged the ill-defined standard has been challenging for physicians in a “politically charged environment” and under the threat of criminal liability. However, Hanlon said physicians do not have to wait until a woman is “clinically unstable to provide care.”
She wrote that some conditions outlined by the providers can be treated with interventions other than abortion depending on the severity of the health risk, such as medication, therapy and nutritional changes. She also rejected the argument from the providers that mental health conditions constitute serious health risks.
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In rejecting the providers’ request to strike the hospital requirement, Hanlon said hospitals are better equipped to handle lethal fetal anomaly, rape, incest and serious health risks.
“The evidence demonstrates that many women receiving abortion care when they are seriously ill or at risk of becoming seriously ill will likely be receiving in-hospital care irrespective of the hospital requirement,” she wrote.
Arike Ogunbowale on the ‘rivalry’ of Caitlin Clark and Angel Reese
Dallas Wings guard Arike Ogunbowale explains why it’s the media that created the so-called beef between WNBA rookies Caitlin Clark and Angel Reese.
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Caitlin Clark and the Indiana Fever (19-17) are back in action Wednesday as they face the WNBA defending champions, the Las Vegas Aces (22-13), at home.
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The Fever has struggled against the Aces this season, falling by double digits in their previous meetings on May 25 and July 2. However, Indiana has looked like a different team in the second half of the season, winning eight of its last 10 games since the Olympic break, with its two losses coming against the No. 2 Minnesota Lynx.
The Fever enter the matchup on a high note following a comeback win in overtime against the Dream. Meanwhile, the Aces will be looking to bounce back after a narrow 71-75 defeat at the hands of the top-of-the-table New York Liberty. Aces star A’ja Wilson sat out that game with an ankle injury and was seen in a walking boot. Wilson’s injury status is still to be determined for the Fever game, but her absence would be a significant blow to the Aces squad.
Clark is also closing in on the WNBA rookie scoring record. With her 26 points against the Atlanta Dream on Sunday, the Rookie of the Year favorite is now second on the all-time list, just 52 points behind Seimone Augustus’ record-setting 744 points. With four more games this regular season, the record seems well within Clark’s reach.
Both teams have already secured a spot in the playoffs, with the Aces currently holding the No.4 seed and the Fever sitting at No. 6.
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The teams will also face off again later this week, playing a Friday evening rematch in Indianapolis.
When is Indiana Fever vs. Las Vegas Aces?
Date: Wednesday, Sept. 11
Time: 7:00 p.m. ET
Venue: Gainbridge Fieldhouse
Location: Indianapolis, Indiana
The Fever look to defend home court against the Aces on Wednesday night. It’s the first of a three-game homestand, the final three games at home for Indiana this season.
How to watch Caitlin Clark and Fever vs. Aces
TV: NBA TV (National); WALV (Local)
The Fever-Aces game will also be available on demand upon its conclusion on WNBA League Pass. Fans can get the WNBA League Pass by downloading the WNBA app.
Caitlin Clark stats last game
Clark recorded 26 points, 12 assists and five rebounds Sunday to set a franchise record of 14 double-doubles in a single season and help the Fever overcome a 16-point deficit against the Dream. However, the Rookie of the Year favorite contributed nine turnovers – the most since her debut game.
Clark’s 26 points moved her to second on the WNBA rookie all-time scoring list, with 692 points this season. After surpassing Wilson’s 682 points, Clark is now just 52 points behind Seimone Augustus’ 744 points, a record set in 2006.
An apple orchard in Indiana has revealed a remarkable tribute to Caitlin Clark to commemorate the WNBA star’s record-breaking rookie season.
County Line Orchard, which claims to be the largest in Northwest Indiana, has redesigned its corn maze to celebrate the Fever star.
When viewed from above, the maze features a giant cutout of Clark holding a basketball on her shoulder.
It also carries a message, which reads from the skies: ‘We love Caitlin Clark.’
The orchard explained on social media that they wanted to celebrate women’s sports and Clark’s impact on the WNBA.
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An apple orchard in Indiana has revealed a remarkable tribute to WNBA star Caitlin Clark
‘Her incredible success and impact on the WNBA is a huge inspiration,’ they said of Clark
‘Her incredible success and impact on the WNBA is a huge inspiration, and as a proud Indiana business, we wanted to pay tribute to her achievements!’ County Line Orchard wrote.
Clark, who is expected to win the WNBA Rookie of the Year award, has become one of the biggest stars in women’s sports.
The Fever star made even more history over the weekend as Indiana clinched a dramatic 104-100 overtime victory against the Atlanta Dream.
The former Iowa Hawkeye star registered 26 points and 12 assists to record the most points and assists double-doubles in a season.
County Line Orchard has redesigned its corn maze to celebrate the Indiana Fever star
Clark’s main rival for the Rookie of the Year award, Angel Reese, recentlyannounced that her debut season in the WNBA had been tragically cut short.
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The Chicago Sky star broke the news in a bombshell statement on Saturday night but she did not immediately specify what the issue was. She later said that a wrist problem was to blame but did not elaborate on the precise injury or if she needs surgery.
‘It’s obviously, definitely sad, anytime you see anybody go down with an injury, especially people that you came into this league with, whether it was Cam (Brink), whether it was Angel, and especially Angel,’ Clark said.
‘You want to see her finish out this year, obviously, she’s had a historic year, and she’s done some incredible things.’
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Incredible Caitlin Clark tribute unveiled by Indiana apple orchard to celebrate WNBA star’s rookie season
