The US Court of Appeals for the Seventh Circuit issued an opinion on Wednesday setting aside the District Court for the Southern District of Indiana’s ruling that several Indiana abortion restrictions from Indiana Code Section 16-34-2-1 were unconstitutional. The abortion restrictions were part of a revision to the Indiana code made in July 2021.
The Court of Appeals called several of the provisions, while include requiring a medication abortion to be performed by a physician, requiring second-trimester abortions to be performed in a hospital, and requiring in-person counseling, “return litigant[s].”
According to the court, “Indiana has made the ‘strong showing’ on the merits necessary to receive a stay.” The stay on the district court’s ruling will allow laws to take effect and effectively ban telemedicine calls between doctors and women seeking abortions. It will also require medication abortion to be performed by a physician in the first trimester. The language of the statute makes abortion “a criminal act” except when performed under the specified statutory circumstances.