INDIANAPOLIS, IND. (WOWO) Indiana’s near-total abortion ban will remain in place after the state Supreme Court declined to take up a legal challenge, leaving lower court rulings that upheld the law’s constitutionality intact.
The Lead Off
- Indiana Supreme Court rejects request to hear challenge to the state’s abortion ban
- Justices leave in place lower court rulings upholding the law in a 4–1 decision
- The ruling allows restrictions enacted in 2022 to remain enforceable statewide
Supreme Court declines to hear appeal
The Indiana Supreme Court issued a one-page order Thursday stating it would not take up the case, instead allowing a 2025 Indiana Court of Appeals ruling to stand.
The lower court decision had upheld the state’s abortion restrictions passed by the Republican-controlled Legislature in 2022.
The Supreme Court’s decision was issued without oral arguments and included no written explanation beyond confirmation that justices reviewed the case filings and appellate ruling.
The vote was 4–1, according to the Indiana Capital Chronicle, with Chief Justice Loretta Rush and Justices Mark Massa, Derek Molter, and Geoffrey Slaughter in the majority. Justice Christopher Goff dissented.
Law and legal challenge details
The law bans abortion at nearly all stages of pregnancy, with limited exceptions including rape, incest, fatal fetal anomaly, and when necessary to protect the life or health of the mother, subject to specific time limits.
Planned Parenthood and other providers challenged the law, arguing that the exceptions were too narrow and violated protections under the Indiana Constitution related to life and liberty.
The Indiana Court of Appeals previously ruled that the law’s “reasonable medical judgment” standard for determining exceptions was constitutional.
Reactions from state officials and advocates
Indiana Attorney General Todd Rokita praised the decision, calling it “a decisive WIN for the people of Indiana and the unborn,” in a social media post.
Rokita said the ruling ensures the state’s protections remain enforceable.
The American Civil Liberties Union of Indiana, which represented abortion providers in the case, said the decision effectively ends this legal challenge.
“We’re deeply disappointed,” the organization said. “This law puts pregnant people’s health on the line, but we’re not done fighting.”
Planned Parenthood Indiana CEO Rebecca Gibron said the organization was not surprised by the ruling but continues to oppose the law.
“Narrow exceptions don’t reflect the real-life complexity of pregnancy and medical care and people are suffering the consequences,” Gibron said.
Ongoing related litigation
A separate legal challenge remains pending, focusing on whether the abortion ban violates Indiana’s Religious Freedom Restoration Act.
In that case, a Marion County judge issued a limited injunction blocking enforcement of the law for certain individuals with religious objections.
The Indiana Supreme Court is scheduled to hear oral arguments in that case on Sept. 10.
Impact and reported abortion decline
According to Indiana Department of Health data, abortions in the state have dropped significantly since the law took effect.
Reports show abortions declined from 9,529 in 2022 to 126 in 2025, a decrease of about 99%.
State health data also indicates that more than 90% of abortions performed in 2025 were related to fatal fetal anomalies or serious health risks to the mother.
The Takeaway
- The Indiana Supreme Court has declined to hear a challenge to the state’s near-total abortion ban, leaving lower court rulings that upheld the law in place.
- The 4–1 decision means restrictions enacted in 2022 remain enforceable, with limited exceptions for rape, incest, fatal fetal anomaly, and life or health risks to the mother.
- While this case is now effectively closed, a separate legal challenge involving religious freedom claims is still pending before the Indiana Supreme Court later this year.
