Indiana asks Supreme Court to uphold 2017 abortion law

Since 2017, an Indiana law which required that parents be notified if they child got an abortion has been consistently blocked by federal judges.

Yet in a monumental move last month, the Supreme Court ruled that there is no constitutional right to abortion, and that has Indiana turning to the justices for help. 

Abortion tied to sexual abuse

At issue is Senate Bill 404, a piece of legislation which

[s]pecifies that before performing an abortion on an unemancipated pregnant minor, a physician must first obtain from a parent, legal guardian, or custodian accompanying the unemancipated pregnant minor seeking an abortion: (1) written consent; (2) proof of identification; and (3) evidence of the relationship between the parent, legal guardian, or custodian and the unemancipated minor.

The law does provide an exception in which a judge may permit a minor to get an abortion without her parents knowledge if he or she determines that it would be in her interests to do so.

The issue of parental notification regarding abortion has come up regarding cases of sexual abuse and human trafficking.

In 2015, the Washington Times reported that a Colorado Planned Parenthood affiliate chose to settle a lawsuit alleging that it performed an abortion on a 13-year-old who had been impregnated by her stepfather, thus allowing her abuse to continue undetected.

Chief Justice John Roberts has asked Planned Parenthood for a response

According to The Hill, Indiana Solicitor General Thomas Fisher called on the Supreme Court this week to immediately reinstate the disputed law.

“Delay would only serve to prevent enforcement of a duly enacted state law designed to protect minors, families, and the unborn,” Fisher was quoted as saying in an emergency request filed on Thursday.

The Hill reported that Chief Justice John Roberts has responded to that request by asking the law’s challenger, Planned Parenthood of Indiana and Kentucky, to provide a response by Friday.

The website noted that emergency requests arising from Indiana would typically be addressed by Justice Amy Coney Barrett.

However, Barrett has moved to recuse herself due to her having been involved in the case during his time as a judge on the 7th Circuit Court of Appeals.

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