US Court of Appeals restores several Indiana abortion restrictions while considering full appeal

The 7th Circuit Court of Appeals panel issued a 2-1 ruling Wednesday that allows Indiana to continue enforcing those laws while the court considers a full appeal of the case.

Posted: Sep 9, 2021 3:28 PM

INDIANAPOLIS (AP) — Indiana’s ban on telemedicine consultations between doctors and women seeking abortions and several other abortion restrictions are back in force after a federal appeals court set aside a judge’s ruling that they were unconstitutional.

The 7th Circuit Court of Appeals panel issued a 2-1 ruling Wednesday that allows Indiana to continue enforcing those laws while the court considers a full appeal of the case.

It said District Court Judge Sarah Evans Barker’s ruling last month was inconsistent with previous Supreme Court decisions and reinstated Indiana’s telemedicine ban, along with state laws requiring in-person examinations by a doctor before medication-induced abortions can be performed and a prohibition on second-trimester abortions outside of hospitals or surgery centers.

“Plaintiffs contend, and the district court found, that developments in videoconferencing make it possible to dispense with in-person meetings, that improvements in medicine make the use of hospitals or surgical centers unnecessary, and that nurses are competent to approve and monitor medication-induced abortions,” the ruling said. “The district court concluded that these findings permit it to depart from the holdings of earlier cases. Yet the Supreme Court insists that it alone has the authority to modify its precedents.”

Barker, who was nominated as a federal judge in 1984 by President Ronald Reagan, had ruled that the state didn’t have the constitutional authority to restrict the use of virtual telemedicine services to women seeking medication abortions without providing evidence that it benefitted the women’s health.

The Indiana attorney general’s office argued in its appeal of Barker’s decision that “the Constitution does not require state legislatures constantly to update state statutes to keep up with ever-advancing technologies just because those technologies may make abortion more convenient.”

Drug-induced abortions made up 55% of those performed in Indiana last year, according to the state health department.

Appeals court Judge Diane Wood wrote in her dissent that the “benefits of Indiana’s law are illusory, while its burdens are very tangible.”

Wood wrote that the laws” impose an undue burden on the set of women for whom the law makes a difference — Indiana women of limited means who cannot leave their jobs, pay for extensive travel, obtain access to cars, and potentially go out of state, simply to obtain a lawful abortion.”

The Indiana abortion restrictions were challenged in a broad lawsuit filed by Virginia-based Whole Woman’s Health Alliance and other abortion rights supporters in 2018 as Whole Woman’s Health fought the state’s denial of a license to open an abortion clinic in South Bend.

Rupali Sharma, a lawyer for Whole Woman’s Health, said the court’s decision was being reviewed and all legal options were under consideration.

The state’s Republican attorney general, Todd Rokita, hailed the appeals court decision.

“We would expect our commonsense laws to be upheld as the appeal continues,” Rokita said in a statement. “Protecting the culture of life is the top priority of my office, and we will continue fighting for every life alongside our legislative partners.”

Indiana Coronavirus Cases

Data is updated nightly.

Cases: 1000163

Reported Deaths: 16309
CountyCasesDeaths
Marion1347632106
Lake660041156
Allen57441793
Hamilton46100461
St. Joseph44109607
Elkhart35696507
Vanderburgh32087477
Tippecanoe27796257
Johnson24902443
Hendricks23738354
Porter22802362
Madison18614404
Clark18424250
Vigo17347301
Monroe15180197
LaPorte15046250
Delaware14984259
Howard14626287
Kosciusko12217147
Hancock11630175
Bartholomew11505179
Warrick11255189
Floyd11013214
Wayne10897250
Grant9964218
Morgan9404176
Boone8863116
Dubois8227130
Dearborn817093
Henry8139151
Noble7984106
Marshall7838134
Cass7499119
Lawrence7403170
Shelby7138114
Jackson694088
Gibson6533113
Harrison644491
Huntington633999
Knox6273106
DeKalb626397
Montgomery6208109
Miami589797
Putnam575377
Clinton570271
Whitley560455
Steuben554675
Wabash5279101
Jasper524475
Jefferson506996
Ripley495685
Adams476073
Daviess4616113
Scott435869
Greene422096
Wells420987
Clay420260
White415962
Decatur4133101
Fayette404286
Jennings385160
Posey375343
LaGrange353978
Washington353249
Randolph341999
Spencer337342
Fountain332558
Sullivan326752
Starke313369
Owen312070
Fulton306567
Orange291762
Jay280445
Perry264752
Franklin264042
Carroll259132
Rush258832
Vermillion255454
Parke230026
Pike227943
Tipton226659
Blackford190540
Pulaski181855
Crawford158623
Newton156048
Benton150217
Brown144547
Martin137419
Switzerland134211
Warren120516
Union106815
Ohio84112
Unassigned0538

Ohio Coronavirus Cases

Data is updated nightly.

Cases: 1499485

Reported Deaths: 23327
CountyCasesDeaths
Franklin1626291662
Cuyahoga1447662412
Hamilton1044761409
Montgomery731681240
Summit610421094
Lucas55643904
Butler51076707
Stark459431053
Lorain35141568
Warren32476369
Mahoning30315672
Clermont27930321
Lake26669434
Delaware23960162
Licking23547283
Trumbull22550552
Fairfield22179241
Greene22098311
Medina21763305
Clark19630349
Richland18342280
Portage17696247
Wood17244220
Allen15730269
Miami15355296
Muskingum14551174
Columbiana13756263
Wayne13585263
Tuscarawas12479298
Marion11797175
Scioto11388154
Pickaway11286141
Erie10676180
Ross10462196
Lawrence9663137
Hancock9546149
Ashtabula9479197
Belmont9133197
Geauga8829157
Jefferson8481191
Huron8229139
Union810756
Washington8031137
Sandusky7724145
Athens769572
Knox7606138
Darke7553151
Seneca7208144
Ashland6817125
Auglaize667896
Shelby6410111
Brown628582
Crawford6184130
Defiance6087102
Mercer608293
Fulton592996
Highland590099
Madison587576
Clinton576190
Logan574692
Guernsey572467
Preble5660121
Putnam5250108
Williams520184
Perry512561
Champaign505071
Jackson498770
Ottawa479086
Coshocton471582
Morrow451256
Pike430762
Fayette422160
Adams411587
Gallia411265
Hardin411076
Van Wert364078
Henry357871
Holmes3567122
Hocking352578
Wyandot317961
Carroll297059
Paulding275945
Meigs259249
Monroe212953
Noble196546
Morgan190832
Harrison178242
Vinton162624
Unassigned05
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