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Trial Challenging Unconstitutionally Narrow Exceptions to Abortion Ban Begins Tomorrow in Indiana

05.28.24 — (PRESS RELEASE) Nearly one year after Indiana’s abortion ban took effect, a trial is set to begin tomorrow, May 29, in a legal challenge to the ban brought by Planned Parenthood Great Northwest, Hawai‘i, Alaska, Indiana, Kentucky, All-Options, Inc, and Dr. Amy Caldwell. The legal challenge seeks to broaden and clarify the scope of the unconstitutionally narrow and ambiguous health or life exception to the state’s abortion ban and to permit abortions provided pursuant to the ban’s exceptions to occur in clinics as well as hospitals. The trial follows a 2023 Indiana Supreme Court ruling that affirms that the Indiana Constitution protects the right to an abortion necessary to protect a patient from serious health risks. Plaintiffs are represented by lawyers from Planned Parenthood Federation of America, the Lawyering Project, the ACLU of Indiana, and WilmerHale.

The trial in this case is scheduled to begin Wednesday, May 29th and conclude Friday, May 31st. Media covering the case can find information on attending the trial in-person or streaming the trial remotely in this document from the Circuit Court of Monroe County.

Joint statement from Planned Parenthood Federation of America, Planned Parenthood Great Northwest, Hawai‘i, Alaska, Indiana, Kentucky, ACLU of Indiana, All-Options, the Lawyering Project:

“This lawsuit seeks to restore access to health care to pregnant Hoosiers currently endangered by the unconstitutionally limited scope of the health or life exception to Indiana’s abortion ban. Drafted in a breakneck special legislative session in 2022, the law’s exceptions were intentionally made as narrow as possible to appease state legislators arguing for a ban with no exceptions. As a result, Hoosiers with serious health complications have been forced to endure unjustifiable suffering due to miscarriages, ectopic pregnancies, and other pregnancy-related issues or leave the state to access appropriate care. Hoosiers deserve, and the Indiana Constitution demands, better.”

Additional comments will not be provided about the legal challenge until the trial concludes.