Judge Blocks Implementation Of State Abortion Law
November 27, 2013 — A federal judge has blocked enforcement of a state law that imposes new restrictions on drug-induced abortions.
The decision from U.S. District Judge Jane Magnus-Stinson means that a Planned Parenthood clinic in Lafayette can continue – for now – to provide the abortions even though it does not meet the physical requirements of surgical clinics.
Magnus-Stinson issued a preliminary injunction this week, saying that Planned Parenthood – which sued to stop the new requirements – is likely to prevail with its argument that the law violates its equal protection rights. That’s because the law doesn’t impose similar requirements on physicians’ offices that use abortion-inducing drugs.
However, the judge ruled against other arguments Planned Parenthood had used to try to block the law.
“This new law reflects the policy judgment of Indiana legislators elected by our citizens,” said Indiana Attorney General Greg Zoeller. “The court’s decision faulting the law for treating nonsurgical abortion clinics different from physicians’ offices must be thoroughly reviewed.
“Because of the narrow ruling, we will consult with our clients and decide how next to proceed in the case,” Zoeller said.
The law requires facilities that offer non-surgical abortions to meet the same licensing standards as those facilities that perform surgical abortions, including being equipped with separate procedure, recovery and scrub rooms. It exempts physician’s offices.
“The additional restrictions in this law are in no way related to patient safety,” Betty Cockrum, president of Planned Parenthood of Indiana and Kentucky, said in August when the group sued to stop the law.
Non-surgical abortions involve the patient taking a pill with a physician present. The process – also called a medical abortion – has been used in the United States for more than 10 years. In Indiana, the Planned Parenthood location in Lafayette is the only clinic that offers the drug-induced abortions but not surgical procedures.
Supporters argued that clinics that offer abortion-inducing drugs should be equipped to deal with medical emergencies if they arise.
Indiana Right to Life President Mike Fichter called the court ruling a “temporary setback.”
“We believe this action proves once again that Planned Parenthood holds little regard for the health and welfare of its clients,” Fichter said. “Planned Parenthood simply does not want to cut into its profit margin by doing the renovations required by Indiana law.”
Fichter said he is “confident the state of Indiana will ultimately prevail.”
The Republican-controlled General Assembly approved the new requirements last spring and Gov. Mike Pence signed them into law.
Last year, 8,808 abortions were performed in Indiana. According to the Indiana State Department of Health, about 20% of them were done using abortion-inducing drugs. The number of those medical abortions increased by 7.8% from 2011.