Indiana abortion clinics reopening after judge blocks ban

The judge wrote “there is reasonable likelihood that this significant restriction of personal autonomy offends the liberty guarantees of the Indiana Constitution” and that the clinics will prevail in the lawsuit. The order prevents the state from enforcing the ban pending a trial on the merits of the lawsuit.

“Of course, this landscape of legal back-and-forth leads to disruption in patient care and uncertainty for our staff,” said Amy Hagstrom Miller, president and CEO of Whole Woman’s Health.who traveled to the state from neighboring Ohio to end her pregnancy. The case gained wide attention when an Indianapolis doctor said the child came to Indiana because of Ohio's"fetal heartbeat" ban.

The American Civil Liberties Union of Indiana, which is representing the abortion clinics, filed the lawsuit Aug. 31 and argued the ban would “prohibit the overwhelming majority of abortions in Indiana and, as such, will have a devastating and irreparable impact on the plaintiffs and, more importantly, their patients and clients.”

“The constitutional text nowhere mentions abortion, and Indiana has prohibited or heavily regulated abortion by statute since 1835 — before, during, and after the time when the 1851 Indiana Constitution was drafted, debated, and ratified,” the office said in a court filing.A state appeals court decision in 2004 said privacy was a core value under the state constitution that extended to all residents, including women seeking an abortion.

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