On Thursday, a federal appeals court ruled that Indiana’s ban on “selective abortions” — which was both championed and signed into law by then-Governor Mike Pence — is unconstitutional.
Judge William Bauer of Chicago’s 7th U.S. Circuit Court of Appeals ruled:
“The non-discrimination provisions clearly violate well-established Supreme Court precedent holding that a woman may terminate her pregnancy prior to viability, and that the State may not prohibit a woman from exercising that right for any reason. Because the non-discrimination provisions are unconstitutional, so too is the provision that a woman be informed of them. Additionally, the amended fetal disposition provisions violate substantive due process because they have no rational relationship to a legitimate state interest.”
Executive Director of ACLU Indiana, Jane Henegar, released a statement in which she praised the decision. Henegar said that Thursday’s ruling had “affirmed a woman’s fundamental right to make her own personal medical decisions.”
“This ruling is a victory for women and another repudiation of attempts by Indiana politicians to restrict — and even ban — access to abortion care,” she said. “Deeply personal decisions about abortion should be made by women in consultation with their doctors — not by politicians or government bureaucrats.”
During President Trump’s first year in office a total of 63 bills were introduced across the country for the purpose of restricting access to abortion. So this decision will be seen as an important victory for choice advocates.
Conversely, Catherine Glenn Foster, CEO of Americans United for Life, an anti-abortion litigation group, expressed her expected outrage in a statement:
“Indiana and now-Vice President Mike Pence were pioneers in their defense of disabled children, and AUL will continue to fight for the day when all humans are welcomed in life and protected in law.”