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November 9, 2021

ATTORNEY GENERAL RAOUL LEADS COALITION IN OPPOSING RESTRICTIVE ABORTION LAWS

Chicago  — Attorney General Kwame Raoul today led a coalition of 20 attorneys general in filing an amicus brief supporting a constitutional challenge to several Indiana laws that impose burdensome restrictions on abortion providers.

Raoul and the coalition filed the brief in the U.S. Court of Appeals for the 7th Circuit in Whole Woman’s Health Alliance v. Rokita. Plaintiffs, including Whole Woman’s Health Alliance, obtained an injunction enjoining the enforcement of numerous Indiana abortion laws that unduly burden access to abortion care. The defendants are now appealing from that decision. In today’s brief, Raoul and the coalition argue that the district court’s ruling is consistent with Supreme Court precedent and should be upheld.

“Indiana’s restrictive abortion laws are unconstitutional and make it more difficult for patients to access safe and legal abortion services in their own state,” Raoul said. “Women should not have to navigate repressive abortion laws in order to access critical health care services, and I am committed to defending their right to make their own reproductive health care decisions.”

Indiana’s laws impose restrictions on abortion providers that are not imposed on other health care providers, including a requirement that only physicians can perform first-trimester medication abortions; a requirement that second-trimester abortions be performed in a hospital or ambulatory surgical center; a requirement that abortion providers make certain mandatory disclosures in-person to their patients at least 18 hours before performing abortions; and a ban on telemedicine to prescribe abortion-related medications.

Citing testimony from a seven-day district court trial, Raoul and the coalition argue that the court properly ruled that these laws create an undue burden for patients, especially low-income women. The attorneys general assert that by limiting access to abortion, Indiana’s laws force women to travel to seek care, thereby increasing costs and making it more difficult for people to obtain important health care services.

Joining Raoul in the brief are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Vermont, Virginia, and Washington.

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