July 13, 2020

Federal Judge Strikes Down Indiana Law Requiring Abortionists to Report Complications

Photo credit: Bill Oxford / Unsplash
U.S. District Judge Richard Young ruled on Wednesday, July 8 that an Indiana law requiring abortionists to report any complications during abortion procedures to the state was unconstitutional.

The ruling comes two years after Indiana Gov. Eric Holcomb signed SEA 340 into law. Shortly afterward, Judge Young placed an injunction against the law blocking it from taking effect until he made his decision. Some of the potential abortion complications that required reporting under the now struck-down law included uterine perforation, infection, hemorrhaging, and parts of an aborted baby being left inside a woman after an abortion. It also required abortionists to report to the state if they learned that a woman was seeking an abortion due to abuse, coercion, harassment, or trafficking.

“The statute simply lacks any standard to guide physicians in determining whether a condition qualifies as an abortion complication for purposes of reporting,” Young wrote in his decision according to ABC News. “The indeterminacy of the statute’s requirements denies fair notice to physicians and invites arbitrary enforcement by prosecutors.”

Young did uphold a different provision that mandates an annual state inspection of abortion facilities, however; arguing that this provision could catch someone like the late abortionist Ulrich Klopfer. Klopfer is infamous for hoarding the bodies of thousands of aborted children in his home and car. His horrifying collection went unnoticed until a lawyer going over Klopfer's will went to check on Klopfer's property.