Block on Indiana abortion rule upheld

INDIANAPOLIS — A federal appeals court has upheld a ruling that blocks an Indiana mandate forcing women to undergo ultrasounds at least 18 hours before having abortions, calling the measure “an undue burden” that saddles some women with lengthy travel and additional expenses.

The 7th U.S. Circuit Court of Appeals affirmed a preliminary injunction issued in April 2017 by U.S. District Judge Tanya Walton Pratt. The injunction blocked the ultrasound waiting period that then-Indiana Gov. Mike Pence signed into law in March 2016.

Appeals Court Judge Ilana Rovner wrote in Wednesday’s ruling that while Indiana’s attorneys had a legitimate position in arguing that the reason for the waiting period was to persuade women not to have abortions, “it is also true that women have the right to choose to have an abortion, albeit with some limitations.”

Indiana Attorney General Curtis Hill expressed disappointment in the decision Thursday, saying in a statement that his office is “reviewing the court’s reasoning and considering our options.”

Attorneys for the state had appealed Pratt’s 2017 ruling , and the appeals court in Chicago heard arguments in November. The challenged 18-hour requirement had replaced a previous Indiana provision that didn’t specify when an ultrasound had to occur.

Planned Parenthood of Indiana and Kentucky, along with the American Civil Liberties Union of Indiana, had sued the state in July 2016, contending the mandate was unconstitutional and would prevent some women from getting abortions.