Indiana ban to go into effect in next two weeks
Law prevents abortion except when mother's health at risk, instances of rape and incest
Indiana has an abortion ban coming into effect on August 1 that would only permit the procedure in cases of rape, incest, fetal abnormalities, and when the mother’s life is at risk. Activists in the region are bracing for the consequences that will extend from that law.
Alison Dreith, director of strategic partnerships with the Midwest Access Coalition, spoke about what is next for their group and others working on the issue.
“We'll wait and see what happens in the next week or two,” Dreith said. “We know that attacks on abortion care in Indiana are not going to stop, as we saw in the previous year when Indiana decided to attack and then restrict an abortion provider for providing care to a young person.”
The case she’s referring to dealt with an OB/GYN who performed an abortion on a 10-year-old who was a victim of rape.
The Indiana Supreme Court upheld the abortion ban on June 30 with 3-2 vote. Previously a lower court had ruled that the ban violated the state constitution’s privacy protections. All five of the Supreme Court’s justices were appointed by a Republican governor. They serve a 10-year term.
It may be useful for feminist leaders to know how judges are selected in the state if that’s the route they want to take to protect abortion rights in Indiana. Justices are chosen by a process known as “merit selection” that fosters input from citizens. To be eligible to serve on the Court, a person must have practiced law in Indiana for at least ten years or have served at least five years as a trial court judge.
When a vacancy occurs, a 7-member Judicial Nominating Commission, comprised of attorneys and other citizens, recommends three qualified candidates to the Governor. The Governor then selects one as the new justice. The same Commission also selects one of the five to serve as chief justice for a five-year term.
After serving two years, the new justice is subject to a statewide retention vote. If a majority votes not to retain the justice, the selection process starts over. If the public votes in favor of retention, the justice begins a 10-year term and is subject to a statewide retention vote every ten years. Justices must retire at age 75.
Indiana is one of the 24 states that do not have initiative and referendum, according to Ballotopedia. Thus, Indiana citizens cannot qualify a ballot measure for the statewide ballot by collecting signatures, and there is no signature requirement for ballot measures in Indiana.
So the only option then would be to flip the state legislature Democratic and then get a Republican governor and attorney general.
The law has problems in it. For instance, it makes rape and incest exceptions. But then it is unclear how it will enforce those parts. It requires parental consent, which in those instances would be the perpetrator responsible for the unwanted pregnancy.
People who perform an abortion in the state would be subject to a felony charge. The woman who got one wouldn’t be subjected to any charge at all. Abortion providers could face 1 to 6 years in prison and a fine of up to $10,000 under the amended bill.
Medication abortion is prohibited in the state after eight weeks of pregnancy.
Dreith said her organization will help pay for and book transportation, accommodations, childcare, food, and anything else a person needs for an abortion.
“There are still other safe methods of abortion in this country that medication abortion exists and that you can get now get pills and mail, no matter where you live. And there's organizations like ours Midwest access coalition, that will help you get to your procedure, no matter where you live.”