UPDATE: On Thursday, an Indiana circuit court temporarily blocked abortion ban SB 1, restoring abortion access in the state.
for single mothers in Indiana is 32.8 percent compared with the state’s overall poverty rate of 11.9 percent.”
First, SB 1 denies the privacy rights of pregnant women and trans men or nonbinary people who seek abortion care. If today’s Indiana courts decline to find a right of privacy in bodily autonomy associated with abortion—as the U.S. Supreme Court’smajority similarly failed to do under the federal Constitution—Hoosiers do not have much hope on appeal either within Indiana or beyond.discusses “proper medical care” including abortion and acknowledges that a privacy interest exists.
Finally, the ACLU raised a vagueness argument under the Indiana Constitution’s “due course of law clause,” Section 12. This claim might succeed, at least for an injunction. Specifically, SB 1 may not be clear to medical practitioners—let alone pregnant women seeking care—what exactly it prohibits and when. The language prohibits abortions using two arguably inconsistent and incongruent timeframes in two separate subsections of the statute.
This vagueness will certainly have a chilling effect on the provision of medical abortion care in Indiana because the criminal penalties for doctors are so severe. The law subjects “any ‘person who knowingly or intentionally performs an abortion prohibited’ … to criminal penalties, including imprisonment of one to six years and a fine of up to $10,000.”
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