Federal court allows Indiana to ban 2nd-trimester abortion procedure

Following the reversal of Roe v. Wade, a federal judge has allowed an Indiana law banning a common procedure used in second-trimester abortions to take effect. 

The state law in question banned dilation and evacuation abortions, which were used in the "majority of abortions performed after the early part of the second trimester," according to the American Civil Liberties Union of Indiana. The law's language characterized the procedures as "dismemberment abortion."

The ACLU sued Indiana over the law in 2019. Days before it was scheduled to take effect, a federal judge with the U.S. District Court for the Southern District of Indiana put an injunction in place that prevented Indiana from enforcing the law. 

More:Judge blocks Indiana abortion law banning second-trimester procedure

On Thursday, however, Judge Sarah Evans Barker lifted the injunction following a request by Indiana Attorney General Todd Rokita's office in light of the June 24 decision by the U.S. Supreme Court in Dobbs v. Jackson Women’s Health Organization, which held that abortion is not a constitutional right. 

“The court’s ruling this week vacating its earlier injunction that permitted this gruesome procedure to continue is an exciting battle victory in our war to defend the unborn and protect women,” Rokita said Friday in a statement. “My office will continue to take all necessary steps to limit abortion, assist mothers, empower families to choose life, and ultimately protect the lives of the unborn.”  

IndyStar has requested comment from the ACLU of Indiana.

Abortion is legal in Indiana up to 20 weeks "postfertilization," according to Indiana law, which is the same as 22 weeks after the last menstrual cycle. 

The bulk of abortions in Indiana occur before 14 weeks of gestational age, according to the Indiana Department of Health’s annual terminated pregnancies report. In 2021 just over 100 of the more than 8,400 abortions performed occurred 14 weeks or later and 34 were later than 21 weeks.

More:Abortion is still legal in Indiana — for now. Here's what is and isn't allowed.

Abortion rights supporters said in a statement that the ruling would spur them to work harder later this month to maintain the right to abortion when the state legislature convenes a special session July 25 to discuss abortion and tax relief.

“Banning the most common form of second trimester abortion is appalling and prohibits physicians from using their medical judgment, training and expertise,” said Nicole Erwin, spokesperson for Planned Parenthood Alliance Advocates – Indiana in an emailed statement. “To ensure that extremist politicians can’t further undermine — or outright ban — this safe, critical health care, Planned Parenthood and our allies will fight like hell in the General Assembly’s special legislative session just a few weeks away.”

With Roe v. Wade no longer providing a constitutional anchor to the right to an abortion, the Thursday decision is likely to be followed by more restrictions from the courts. 

Last week the U.S. Supreme Court threw out a federal appeals court decision that said a 2017 Indiana abortion law regarding minors — which required courts to notify parents if their child seeks an abortion through the judicial system — was unconstitutional. 

More:Supreme Court throws out lower court ruling over Indiana abortion law

Following a lawsuit by Planned Parenthood the Seventh Circuit Court of Appeals placed an injunction on the law preventing the state from enforcing it. The federal appeals court will likely lift that injunction as well, now that the Supreme Court has weighed in.

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