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Indiana judge rules against abortion providers fighting near-total ban

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Indiana judge rules against abortion providers fighting near-total ban


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.

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Volmert reported from Lansing, Michigan.



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Juneteenth event in Martinsville sparks conversation about city’s history

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Juneteenth event in Martinsville sparks conversation about city’s history


MARTINSVILLE, Ind. (WISH) — June 19 is a celebration of the day in 1865 when enslaved people in Texas learned they were free.

As communities across Indiana mark the holiday, the Juneteenth event in Martinsville drew a lot of attention on Friday evening.

Event organizer Jeannine Lee Ferrer said, “This is American history. It’s all of our history, and I think we should all celebrate it, because I think most of the people are happy that it finally ended.”

Sampson Levingston, a local tour guide and Indiana history buff, says Martinsville is historically known as a sundown town, a place where Black people were warned not to remain after dark for fear of their safety. In 1968, a Black woman named Carol Jenkins was killed by two men while selling encyclopedias door to door. One of her killers was never found.

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Levingston said, “She got murdered with a hate crime by a white guy and so there are some things that sting. I’ve seen with my own eyes: KKK signs in Martinsville, Indiana.”

Ku Klux Klan, or KKK, is a white supremacist and right-wing extremist hate group in the United States.

Martinsville’s history was one of the reasons why the event generated a lot of conversation within the community. As Levingston sees it, the event was a positive move. “Why not? Wherever you live, wherever you are, figure out how you can get involved with Juneteenth. We’ve got beautiful cities with beautiful history, and I think it’s time we all lean into that and acknowledge that so we can learn and grow with it,” he said.

In a statement, Republican Martinsville Mayor Kenny Costin says the city has undergone a positive transformation.

“The progress is real, and it is ongoing. We remain committed to this work, so Martinsville becomes not only a place where people are proud to live, but a place where they are proud to belong.”

Ferrer said she’s lived in Martinsville since 2021 and has not experienced anything racist in the city. However, she said she was upset when the event was first announced, and people made racist comments to her online. “I’m not being naive to what has gone on in the past, but I think Martinsville has moved to a different chapter, and we’re ready as citizens of Morgan County and Martinsville, Indiana, to turn a page, and I look forward to today being a part of that.”

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Ferrer said dozens of people have reached out to her, offering their support and wanting to learn more about the holiday. “Those really are truly the people that are touching my heart and are making me think that this was a good thing to do, and to reach out and let people know that we are more alike than we are different.”

She hopes to host another Juneteenth event in Martinsville in 2026.



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Hamilton County teen is youngest delegate at Indiana Republican convention

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Hamilton County teen is youngest delegate at Indiana Republican convention


INDIANAPOLIS (WISH) — A Hamilton County teen on Friday said he’s excited for his first convention as a voting delegate.

Jackson Massillamany, who just turned 18 and graduated from high school in May, is no stranger to politics. His father, Mario, is the chair of the Hamilton County Republican Party and his mother, Amy, serves on the Hamilton County Council.

Jackson said he signed up to be a delegate at this weekend’s Indiana Republican Party convention in Fort Wayne after Mario asked if he was interested.

“It’s kinda cool to see how this is done and what my dad actually does,” he said. “At first, I wasn’t really excited for it, but I’m here now and I’m having a blast.”

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Mario Massillamany, who is a contributor to “All INdiana Politics,” said Jackson is the youngest delegate at the convention. He said he has been taking Jackson along to party functions ever since he was an infant.

“It’s a great opportunity for him to get more active and involved in politics, and I think we need to try and get the younger generations involved in our political process,” he said. “I think this is a great opportunity for him to come here, have a good experience and then go back and talk to his friends about why it’s important to get involved.”

Jackson will be one of 1,800 delegates tasked with picking a nominee for secretary of state. It’s a closely watched race. Current Secretary of State Diego Morales, who is seeking a second term, has faced numerous controversies since he took office. Knox County Clerk David Shelton and conservative activist and 2024 gubernatorial candidate Jamie Reitenour have been running against Morales for months. Last month, Max Engling, a staffer for Sen. Jim Banks and a 2024 congressional candidate, joined the race at the last minute with Banks’ backing.

The Republican winner in November will have to face Bayh family scion Beau Bayh, a Democrat, along with Libertarian Lauri Shillings and, potentially, former Indianapolis Mayor Greg Ballard, who is running as an independent under the Lincoln Party label.

Mario said he’s telling Jackson to keep his eyes and ears open and to meet with all of the weekend’s candidates.

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Both Massillamanys said the key to getting young people to vote and to get politically involved is to, first, encourage them to register to vote and, second, to elevate more young people who are in politics.

“I feel like many people are scared to be involved in politics because nobody else younger does it,” Jackson said. “So, like, me and other people my age, being able to reach out to others to try and get involved, I feel like, is the best way for people my age to get involved.”

Delegates to the 2026 Indiana Republican Party convention will make their selections on Saturday. Besides secretary of state candidates, they will choose nominees for state treasurer and state comptroller. The current occupants of those offices, Daniel Elliott and Elise Nieshalla, respectively, are running for second terms and are unopposed.

Government reporter Garrett Bergquist will be in Fort Wayne on Saturday and will have a full report on the results of the convention at 6, 10 and 11 p.m. on WISH-TV.

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Man dies after near east side apartment shooting

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Man dies after near east side apartment shooting


INDIANAPOLIS (WISH) — A man is dead after a shooting Thursday night on Indy’s near east side, police say.

According to the Indianapolis Metropolitan Police Department, just after 8 p.m., officers were called to the 2000 block of East Washington Street on a report of a person shot.

When officers arrived, they found an adult male inside an apartment with injuries consistent with gunshot wounds.

Indianapolis Emergency Medical Services transported the man to a hospital in critical condition, where died shortly after arriving.

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Homicide detectives responded to the scene to begin the investigation.

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