Indiana Supreme Court Rules Abortion Can Continue Pending January Hearing
Anti-abortion demonstrators protest during a special session of the Indiana State Senate at the Capitol building in Indianapolis, Indiana, US, on Tuesday, July 26, 2022.
Cheney Orr/Bloomberg via Getty Images

The Indiana Supreme Court ruled on Wednesday that abortions can continue in the state until a decision is made in a pending January hearing.

The state’s highest court denied the request of Indiana Attorney General Todd Rokita (R) to allow a new restrictive abortion law to take effect until the court ruling. The law was signed following the overturning of Roe v. Wade in June and took effect on September 15 until it was halted by a preliminary injunction.

“We are deeply disappointed the Indiana Supreme Court will allow the injunction against Indiana’s new abortion law to remain in effect pending appeal. We estimate at least three thousand unborn babies, whose lives otherwise might have been saved, will now needlessly die from abortion as the law remains blocked,” Indiana Right to Life CEO said in a statement following the ruling.

“Thousands more will die as we await a final ruling after the January hearing. Although we are confident the law will be upheld, it will be far too late for those whose lives will be lost as this is argued in the courts,” he added.

The new law included one of the strongest abortion bans in the nation, restricting the practice from conception except for cases of rape, incest, and protecting the mother’s life. Victims of rape or incest are not required to sign an affidavit to verify claims of an attack.

Governor Eric Holcomb (R-IN) released a statement to mark his signing of the bill into law in August.

“Following the overturning of Roe, I stated clearly that I would be willing to support legislation that made progress in protecting life. In my view, SEA 1 accomplishes this goal following its passage in both chambers of the Indiana General Assembly with a solid majority of support,” he wrote.

The Indiana Department of Health recorded 8,414 abortions in the state for 2021. A total of 465 traveled to Indiana from other states, with Kentucky ranking the highest among non-residents at 264.

Abortion remains legal under the new ruling until 22 weeks of pregnancy in Indiana. Pro-abortion advocates celebrated the decision as a significant win against the state’s recent near-total abortion ban.

“GREAT NEWS: Abortion will remain accessible and legal in Indiana as we continue to fight the state’s near-total ban in court! The ban will stay blocked at least until January 2023, when the state Supreme Court hears the case,” Planned Parenthood’s branch that includes Indiana tweeted following the ruling.

“We won big from the Indiana Supreme Court! They upheld our injunction blocking Indiana’s abortion ban – we can stay open to provide abortion care at least until the court hearing date of January 12, 2023!!” Whole Woman’s Health CEO Amy Hagstrom Miller also tweeted in support of the ruling.

The Daily Wire reported in July regarding a 10-year-old girl who was raped and traveled to Indiana from Ohio for an abortion. The alleged rapist was an illegal immigrant. Gerson Fuentes, 27, was indicted by a grand jury in Franklin County, Ohio, on two counts of felony rape.

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The Daily Wire   >  Read   >  Indiana Supreme Court Rules Abortion Can Continue Pending January Hearing