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Whole Woman’s Health Alliance v. Hill (Indiana)

(S.D. Ind. No. 1:18-CV-1904)

In recent years, Indiana politicians have mounted a relentless attack on the rights and dignity of people seeking abortion care, enacting an increasingly complex web of restrictive laws that have dramatically reduced the availability of abortion care in the State.  At the time of filing, Indiana had only six abortion clinics to serve more than 1.3 million women of reproductive age, and abortion was effectively unavailable after the first trimester of pregnancy.  Due to the limited number of providers, many patients must endure long waits to get an appointment at a distant clinic.  State law requires those who make it to a clinic to receive biased “counseling” that includes medically inaccurate information and then wait an additional eighteen hours (often longer in practice) before finally obtaining an abortion.  Because of Indiana’s burdensome restrictions, a large number of Hoosiers travel out of state to access abortion care.  Of course, not everyone has the resources to do that.

This case challenges five categories of Indiana abortion restrictions: (1) targeted regulation of abortion provider (TRAP) laws; (2) laws that deny abortion patients the benefits of scientific progress; (3) biased counseling and waiting-period laws; (4) laws that burden pregnant teenagers who lack parental support; and (5) laws that criminalize abortion care. The lawsuit seeks to improve abortion access in Indiana and enable people to exercise their constitutional right to abortion without sacrificing their dignity or well-being.

In May 2019, the district court entered a preliminary injunction authorizing Whole Woman’s Health Alliance to open a new abortion clinic in South Bend, Indiana, despite the State’s unjustified refusal to grant it a required license.  The preliminary injunction enables the clinic to provide medication abortion in a region of Indiana otherwise lacking abortion providers while the litigation runs its course.

Plaintiffs: Whole Woman’s Health Alliance; All-Options, Inc.; Jeffrey Glazer, M.D.

Defendants:  Attorney General of the State of Indiana, in his official capacity; Commissioner of the Indiana State Department of Health, in her official capacity; President of the Medical Licensing Board of Indiana, in his official capacity; St. Joseph County Prosecutor, in his official capacity

Co-counsel: Paul M. Eckles; Mollie M. Kornreich; Michael Leo Pomeranz; Kathrine D. Jack

Timeline and Key Documents:

June 21, 2018                Plaintiffs file Complaint

August 24, 2018            District court enters Case Management Plan

March 28, 2019             District court enters Order denying Defendants’ motion to dismiss

May 1, 2019                   Defendants file Answer to Complaint

May 31, 2019                 District court enters Preliminary Injunction

June 2, 2019                  Defendants file Notice of Appeal

June 7, 2019                  District court enters Order denying Defendants’ motion to stay the injunction pending appeal

June 21, 2019                Court of appeals enters Order modifying the Preliminary Injunction

July 11, 2019                 Court of appeals hears oral argument

August 22, 2019            Court of appeals issues Opinion affirming the Preliminary Injunction as modified




Brief for Appellants (Attorney General of the State of Indiana, et al.)

Amicus Curiae Brief for State of Texas, et al.

Brief for Appellee (Whole Woman’s Health Alliance)

Amicus Curiae Brief for State of Illinois, et al.