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: 1474289

Reported Deaths: 20385
CountyCasesDeaths
Marion2021122504
Lake996361476
Allen909861007
Hamilton71271540
St. Joseph63433750
Elkhart48401623
Vanderburgh46765523
Tippecanoe42550330
Johnson37591519
Hendricks35518458
Porter34097464
Madison28261531
Clark25349321
Vigo25076343
LaPorte23079307
Monroe22397244
Howard21556372
Delaware21108365
Hancock18494218
Bartholomew17598212
Kosciusko17580201
Warrick16259212
Wayne15851300
Floyd15521252
Grant14992296
Morgan14070230
Boone13268136
Noble11509140
Dearborn11468112
Henry11427201
Shelby11276150
Marshall11115167
Dubois10954152
Jackson10280104
Cass10012142
DeKalb10005129
Lawrence9973220
Huntington9893139
Gibson9236125
Montgomery9105140
Knox8839124
Harrison8754111
Whitley850471
Steuben8403103
Jasper8125114
Putnam800497
Clinton800194
Miami7961133
Jefferson7663124
Wabash7651139
Ripley7053111
Adams6555101
Daviess6332127
Scott632686
White606581
Greene5958111
Clay592773
Decatur5843118
Wells5831120
Jennings578976
Fayette5687121
Posey535146
LaGrange517096
Randolph4972129
Washington487068
Owen484998
Fountain469079
Spencer441856
Starke435686
Sullivan433465
Fulton428290
Orange415182
Jay406464
Rush398737
Carroll374749
Franklin371250
Perry368755
Vermillion348762
Pike311345
Tipton309974
Parke308938
Pulaski269173
Blackford269055
Newton229559
Brown223654
Benton214821
Crawford213031
Switzerland192414
Martin184622
Warren170820
Union164419
Ohio120616
Unassigned0742

Ohio Coronavirus Cases

Data is updated nightly.

Cases: 2418722

Reported Deaths: 31245
CountyCasesDeaths
Franklin2613932065
Cuyahoga2576953018
Hamilton1679311714
Montgomery1114691604
Summit1070311391
Lucas899971160
Butler79406942
Stark750951400
Lorain63061792
Warren50411475
Mahoning49909915
Lake46923605
Clermont44079429
Delaware39138212
Trumbull38726755
Medina37708419
Licking37221408
Fairfield34115334
Greene32452422
Portage31473360
Clark30496445
Richland28493423
Wood27867297
Allen24603395
Miami23075395
Muskingum22525245
Columbiana22202403
Wayne21380356
Tuscarawas18940427
Erie18137222
Ashtabula17989342
Marion17633232
Scioto16712207
Ross16314252
Pickaway15631178
Hancock15407228
Geauga15281223
Lawrence13931186
Huron13460182
Union1340984
Belmont13369247
Jefferson12969258
Sandusky12862199
Athens11991106
Knox11595198
Seneca11540200
Ashland10830178
Darke10786198
Washington10644168
Auglaize10247142
Crawford9949175
Shelby9839157
Brown9507140
Fulton9310150
Guernsey9179117
Defiance9116135
Highland9100148
Logan9035142
Clinton8810127
Mercer8709111
Madison8654106
Preble8069162
Williams7937135
Putnam7780135
Ottawa7675121
Champaign7606112
Jackson7409117
Perry720798
Coshocton7076136
Morrow700182
Fayette670987
Hardin6251128
Pike621786
Gallia598191
Adams5844124
Van Wert5824121
Henry570793
Hocking5568104
Carroll4853100
Wyandot485290
Holmes4760161
Paulding404464
Meigs377473
Monroe300268
Noble281551
Harrison281361
Morgan278148
Vinton240845
Unassigned08
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