Abortion
Whole Woman’s Health Alliance v. Rokita: After several years of litigation, a challenge to nearly the entire Indiana abortion code
went to trial. Indiana convinced the district court to uphold the following laws:
- Abortion reporting requirements
- For minors seeking abortion, requirement of parental consent or judicial order
- Mandatory disclosures concerning the physical health risks of abortion
- Clinic safety regulations
- Dosage and pill administration requirements for medication abortion
- Hospital admitting privileges requirements for abortion physicians
- Clinic inspection laws
- Clinic equipment requirements
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Only physicians may perform surgical abortions
- Women seeking abortion must have an ultrasound
- A physician or advanced practice clinician must provide the informed consent information
- Criminal penalties for violations of the abortion code
The district court did enjoin several abortion laws, but the Solicitor General Division persuaded the Seventh Circuit to stay the
injunction pending appeal for the most significant ones, including laws providing the following:
- Only physicians may provide for medication abortions.
- Second trimester abortions must occur in a hospital or ambulatory surgical center.
- Informed consent, physician examination and abortion pill dispensing must all occur in-person.
Meanwhile, the State continues to appeal the judgment and injunction with respect to these laws enjoined by the district court.
• Planned Parenthood Great Northwest v. Marion County Prosecutor: Indiana successfully overturned the district court’s
decision declaring unconstitutionally vauge Indiana’s requirement that physicians, clinics, and hospitals report abortion
complications to the State.
• Box v. Planned Parenthood of Ind. & Ky., Inc.: Indiana filed a cert petition asking the U.S. Supreme Court to review the
Seventh Circuit’s decision striking down its law requiring parental notice for minors seeking abortion. The Supreme Court has
yet to act on the petition.
• All Options v. Attorney General: Indiana defended its law requiring that women seeking abortion be informed that a
medication abortion may be reversed before the second pill is taken. Unfortunately, the district court granted Plaintiffs’
preliminary injunction. Indiana continues to defend this law at summary judgment and trial.
• Bernard v. Individual Members of the Indiana Medical Licensing Board: Indiana prepared for trial to defend its prohibition
on dismemberment abortions. The trial has been postponed until after the Supreme Court’s decision in Dobbs v. Jackson
Women’s Health Organization.
Other Important Victories
• In the Seventh Circuit, the SG Division lawyers won an en banc victory, obtaining reversal of a Seventh Circuit panel decision
that had endorsed a “right to travel” challenge to Indiana’s sex-offender-registry system.
• In state court, SG Division lawyers helped obtain a trial-court victory defending, against the Governor’s challenge of the
General Assembly’s authority to provide for emergency legislative sessions
