What is the 18-hour rule in Indiana?
The 18-hour law stated that in order to access abortion, a person must receive an ultrasound at least 18 hours before the procedure.
The 18-hour law was passed in 2016 by a Republican legislature and signed by then-governor Mike Pence.
At the time, Indiana already had an 18-hour waiting period and a separate ultrasound requirement. The new law combined the two and required an ultrasound to take place 18 hours or less prior to an abortion.
What happened, and how did Planned Parenthood fight this?
Planned Parenthood sued the state of Indiana for placing undue burden on patients.
In April 2017, US District Judge Tanya Walton struck down the law and issued a preliminary injunction.
The case was appealed, and in July of 2017, the U.S. Supreme Court ordered the case back down to the federal appeals court.
Why did Planned Parenthood dismiss this lawsuit?
We understand this decision may seem confusing, but we made the decision to drop the case challenging the requirement that an ultrasound be provided at least 18 hours before an abortion after careful thought and consideration and in consultation with our entire legal team, including PPFA and the ACLU of IN and the national ACLU, with an eye toward potential future restrictions. First, it is important to understand that Indiana already has an 18-hour waiting period and a separate ultrasound requirement; this law combines the two and requires the ultrasound take place 18 hours prior to the abortion. While the requirement is medically unnecessary, because of a change in facts on the ground, we made the decision to dismiss the case.
Did Planned Parenthood give up?
No!
Planned Parenthood was able to work with the state of Indiana so that the law will not be enforced until January of 2021. By then, health centers will be fully prepared to serve patients with a minimum of access barriers.
However, “a single barrier to access is one too many,” asserted Hannah Brass –Greer, chief legal counsel.
Planned Parenthood will be watching and waiting for the best opportunities to eliminate these needless and cruel barriers to care – hopefully for good.