Supreme Court throws out lower court ruling over Indiana abortion law
It could soon be more challenging for a minor to seek an abortion in Indiana.
In the aftermath of the Supreme Court decision last week to leave abortion restrictions up to the states, the U.S. Supreme Court threw out a federal appeals court decision Thursday that had found a 2017 Indiana abortion law unconstitutional.
The case will now be returned to the 7th U.S. Circuit Court of Appeals for consideration. The injunction put in place remains intact for now, but will likely be removed.
Under current law, minors either need permission from a parent or the courts to receive an abortion. If the injunction over Senate Enrolled Act 404 is overturned, judges would be required to notify parents if their child seeks an abortion through the judicial system in most cases.
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The judge could withhold that notification in rare cases if they decide it's in the minor's best interest.
“Following the landmark Dobbs decision, we eagerly anticipate clearer paths for Indiana’s commonsense laws protecting unborn children and their mothers,” Attorney General Todd Rokita said in a statement. “We are grateful for the new day that has dawned, and we will remain steadfast in our fight for life.”
The ACLU had challenged the 2017 law on behalf of Planned Parenthood. Planned Parenthood and the ACLU did not immediately respond to a request for comment.
"It requires an enormous amount of gumption on the part of young women to navigate this process," Ken Falk, legal director of the ACLU of Indiana, said in 2019. "We want to make sure they have access to a confidential judicial procedure."
Indiana lawmakers are poised to further restrict abortions when lawmakers convene for a special session on July 25, but Republicans have released few details about what that legislation will look like.
Call IndyStar reporter Kaitlin Lange at 317-432-9270 or email her at kaitlin.lange@indystar.com. Follow her on Twitter: @kaitlin_lange.
This article originally appeared on Indianapolis Star: Supreme Court throws out lower court ruling over abortion law
