Federal appeals court says Indiana can keep enforcing abortion laws

Johnny Magdaleno
Indianapolis Star

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A federal appeals court has said Indiana can continue enforcing five abortion restrictions while the state appeals the original lawsuit challenging those restrictions.

In an order issued Wednesday two judges with the Seventh Circuit Court of Appeals said Indiana's challenged abortion laws, which a federal judge in Indiana said were unconstitutional in August, can remain in place because the state may win its legal case in favor of those laws in the long-term. 

More:A judge struck down several Indiana abortion laws. Here's what happens next.

"All we hold today is that existing precedents provide strong grounds for concluding that Indiana is likely to prevail on the contested issues," the two judges wrote after citing past U.S. Supreme Court cases.

The five restrictions that Indiana can continue to enforce are:

  • Only physicians can perform chemical abortions
  • Only hospitals or ambulatory surgical centers may provide second-trimester abortions 
  • Patients must receive in-person counseling before an abortion
  • Patients must receive in-person physical examinations before an abortion
  • Medical staff must provide abortion services in person and not via telemedicine

"All of the contested provisions have been in force for years, so a stay would preserve the status quo pending appellate resolution," the judges wrote. "And Indiana has made the 'strong showing' on the merits necessary to receive a stay."

A third judge, Diane P. Wood, disagreed with her two colleagues. "The district court’s rulings were grounded in careful and extensive findings of fact, and in my view scrupulously followed the Supreme Court’s guidance in this difficult area," Wood wrote in her dissent. She said she would not have allowed the state to keep enforcing these laws.

In a statement Indiana Attorney General Todd Rokita said the order "should encourage all Hoosiers who support Indiana’s commonsense laws aimed at protecting the lives of unborn children and the health of mothers."

“We are currently reviewing the court’s decision and considering all legal options to ensure pregnant Indianans can get the care they need with the dignity they deserve," said Rupali Sharma, a lawyer representing the three abortion providers who are plaintiffs in the case. 

Indiana can continue to enforce these restrictions until the judges make their final decision in the case. 

Call IndyStar courts reporter Johnny Magdaleno at 317-273-3188 or email him at jmagdaleno@gannett.com. Follow him on Twitter @IndyStarJohnny