Indianapolis won't prosecute abortion cases if state outlaws procedure, prosecutor says

Marion County Prosecutor Ryan Mears announced Friday his office will not prosecute abortion-related cases if Republicans in the state legislature seek to criminalize the procedure following the U.S. Supreme Court's ruling that overturns abortion rights.

The pushback from Indianapolis Democrats like Mears and the Indiana Democratic Party represents yet another schism between Democrat-dominated Marion County and the Statehouse, where Republicans are in the supermajority.

With the overturning of the landmark Roe v. Wade case, Indiana Republicans are expected to restrict abortion access in a special legislative session next month.

Republican lawmakers have not offered specifics about what type of restrictions they might place on abortion. But just hours after the ruling, some states — such as Louisiana — were poised to pursue criminal charges against anyone who helped to terminate a pregnancy, though pregnant people themselves are exempt from prosecution.

The impending legislation sparked reaction from state and local Democrats, who are virtually powerless in the Statehouse.

Mears stressed that prosecutor and law enforcement resources should not go toward abortion-related cases.

"It should not be a priority for the prosecutor's office or law enforcement to second-guess the decision and choices made by health care professionals," Mears said. "Everybody here realizes that we have a number of challenges in Marion County. One of those challenges is not incarcerating doctors and nurses."

With a supermajority of Republicans in the state legislature, however, Indianapolis Democrats are limited in what they can do in support of those seeking an abortion.

Indianapolis city officials, too, must constantly maintain a balance between supporting more progressive ideals and avoiding the ire of the state legislature — which has historically crafted pre-emptive state laws forbidding cities from taking certain actions.

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Indianapolis Senate Republicans have frequently tried to put a stop to Mears' decision not to prosecute simple marijuana possession, for example. They introduced bills in 2020, 2021 and 2022 to appoint a special prosecutor in cases where the local prosecutor refused to prosecute certain crimes. 

So far the bills have not passed. Mears said such bills are on shaky ground with the state constitution.

State Republican leaders signaled Friday they are ready to enact legislation, hailing the U.S. Supreme Court decision.

"While it's too early to speculate on what form legislation may take, I strongly believe we'll couple any action with expanding resources and services to support pregnant mothers, and care for their babies before and after birth," Speaker Todd Huston, R-Fishers, said in a statement. "It's my expectation for state lawmakers to take action to further protect life when we return to the Statehouse for a special session."

Senate President Pro Tem Rodric Bray, R-Martinsville, said lawmakers can begin formulating a policy to protect unborn children and the health of mothers.

"We certainly realize this is an extremely contentious and potentially polarizing issue," Bray said in a statement. "We will proceed with this conversation in a civil and substantive way so that all sides have the opportunity to be heard as we chart a course for Hoosiers."

'A mother who's alive'

Democrats also highlighted the need to protect pregnant people with certain health risks who might need to seek an abortion to save their life.

Democratic city-county councilor Ali Brown recalled her near-death experience of giving birth with a placental abruption, a condition that places her at significant medical risk should she become pregnant again.

"I had to be revived on that table with my insides still outside of my body while they also rushed to revive my child," Brown said. "I woke up four hours later screaming that I had killed my baby, overwhelmed with grief."

Her son and Brown survived. But after her ordeal, Brown said, she will never deliver a child again, no matter how much her now five-year-old son asks for a sibling.

"If I get pregnant, even using contraception, which I was using when I got pregnant with him in the first place, I will have to leave the state to seek an abortion," Brown said. "And I will, because my child deserves a mother who's alive."

Brown also posed open questions to Republicans who would vote to pass laws restricting access to abortion.

"I want to ask the Republicans these questions: Do you really want to force women to carry their rapists' child to term?" Brown said.

Worry over future decisions

Marion County clerk Myla Eldridge, whose office oversees marriage licenses, voiced concern over the impact the ruling may have on gay marriage — another right granted by the U.S. Supreme Court in 2015.

Associate Justice Clarence Thomas also suggested Friday that the Supreme Court reconsider other rights, including gay marriage and access to contraception. 

Eldridge said she's horrified about what other dominoes will fall in the wake of the ruling.

"I also fear the Republican Party will continue their crusade of violating the privacy rights of Hoosiers, including the right to marry the one you love regardless of race or sexual orientation," Eldridge said at the press conference.

Call IndyStar reporter Amelia Pak-Harvey at 317-444-6175 or email her at apakharvey@indystar.com. Follow her on Twitter @AmeliaPakHarvey.

This article originally appeared on Indianapolis Star: Indiana Democrats talk abortion legislation after Roe v. Wade decision