Federal appeals court rules IN abortion law unconstitutional

Elias Hubbard
April 21, 2018

The law prevents women from having an abortion if it is known that the woman is doing so because of the sex of the child, diagnosis of Down syndrome or any other disability, or because of the race, color, national origin, or ancestry of the fetus.

A federal judge in IN agreed, and that decision was upheld on appeal.

Christie Gillespie, the president and CEO of Planned Parenthood of IN and Kentucky, said IN a statement that the organization "was confident that the courts would rule that the restrictions imposed" by the law "violated the constitution".

A federal appeals court once again struck down part of an IN anti-abortion law.

The ruling declared U.S. Supreme Court precedent on the question of women's access to abortion left the court little room to declare otherwise.

In his decision, Judge William J. Bauer wrote that "the non-discrimination provisions clearly violate well-established Supreme Court precedent holding that a woman may terminate her pregnancy prior to viability, and that the State may not prohibit a woman from exercising that right for any reason".

The ACLU of IN in April 2016 filed a lawsuit IN federal court on behalf of PPINK, as well as two abortion providers.

The law also requires the identities of abortion providers be made public, funerals be held for fetal remains and women undergo an ultrasound at least 18 hours prior to an abortion.

Federal Judge Daniel Manion, one of the three judges who ruled on the case, wrote a separate opinion.

Likewise, the judges declared unconstitutional provisions in the law requiring women to be informed of the law's non-discrimination provisions.

The legislation, signed by Pence in March 2016, imposed restrictions on a woman's ability to seek an abortion, including in cases where the child would be born with a disability. Falk said he would not be surprised if the state sought review in the U.S. Supreme Court.

7th Circuit blocks disability abortion ban;... If the court allowed states to exclude abortions for one reason, there would soon be so many restrictions as to make the right meaningless.

The judge said the result of the decision in the in case "begs for the Supreme Court to reconsider" both Roe and Casey, or, short of that, "it is at least time to downgrade abortion to the same status as actual constitutional rights".

The ruling upholds an earlier federal court decision.

"The provisions prohibit abortions prior to viability if the abortion is sought for a particular goal", Judge William Bauer wrote in the majority decision. "This state has a compelling interest in protecting the dignity of the unborn and in ensuring they are not selected for termination simply because they lack preferred physical characteristics".

Other reports by Click Lancashire

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