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Federal court reinstates several Indiana abortion laws

Monday's ruling lifts several injunctions on Indiana abortion laws that were previously blocked due to being unconstitutional under Roe v. Wade.

INDIANAPOLIS — A series of laws further restricting abortions in Indiana were reinstated Monday and are now in effect following the U.S. Supreme Court’s decision to end constitutional protection for abortion. 

A federal appeals court overturned a federal district court's ruling that blocked several abortion laws from taking effect. 

Last year, U.S. District Court Judge Sarah Evans Barker ruled that a handful of Indiana abortion laws were unconstitutional. 

RELATED: Federal judge rules against several Indiana abortion laws

Monday's ruling by the federal appeals court lifts several injunctions on Indiana abortion laws, including those that Barker previously blocked: 

  • Requirements for surgical and chemical abortion clinics 
  • Requirements that women be advised, "human physical life begins at fertilization"
  • Mandatory disclosure of fetal pain

The court explained in its order to reinstate these laws that their decision was made based on Roe v. Wade being overturned. The order explained the district court previously ruled that these laws were unconstitutional because of Roe v. Wade, which held that abortion is a fundamental right. 

However, with Roe v. Wade being overturned, the federal appeals court said the district court's ruling needed to be reconsidered. 

In addition to the laws mentioned above, there were several other injunctions on Indiana abortion laws that have recently been lifted following the Supreme Court's landmark ruling. 

Attorney General Todd Rokita said his office has previously gotten the injunctions lifted on the following Indiana abortion laws:

  • Requirements that only physicians may provide medication abortions
  • Second-trimester abortions may only be done in hospitals or ambulatory surgical centers
  • Women considering abortions must receive in-person counseling
  • Women considering abortions must receive in-person examinations. 

Last week, a federal district court granted Rokita's motion to lift an injunction against a law that bans a common second-trimester abortion procedure that the legislation calls a "dismemberment abortion."

“With the U.S. Supreme Court’s decision in the Dobbs case, it is clear that life is winning. But we will stay relentless in doing the right thing for unborn babies and their mothers’ well-being," Rokita said of the recent rulings. 

RELATED: Judge lifts order against Indiana abortion procedure ban

State lawmakers are scheduled to consider tightening Indiana's abortion laws during a special session scheduled to begin on July 25. 

RELATED: A closer look at Right to Life's abortion ban proposal for Indiana lawmakers

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