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Seventh Circuit Affirms Ruling Invalidating Indiana Abortion Law

Here is a link to an April 19, 2018 opinion from the United States Court of Appeals for the Seventh Circuit. The court affirmed a decision from a federal district court judge invalidating provisions of Indiana’s abortion law. The provisions banned abortion when the person performing the abortion knows the woman is seeking an abortion due to disability, sex, or race, and also required that the remains of aborted babies be disposed of in a dignified manner.

Judge Manion wrote an opinion concurring in the judgment in part and dissenting in part. Judge Manion’s opinion is a must read. Here is a portion of his opinion–

“Indiana made a noble attempt to protect the most vulnerable members of an already vulnerable group. That it must fail is not due to lack of effort by the legislators who drafted it or the Solicitor General who ably argued before us. The Supreme Court’s abortion jurisprudence proved an insurmountable obstacle despite their best efforts. More than anything, this case illustrates the extent to which abortion has become the most favored right in American law. Without a significant recalibration, the States sadly cannot protect even unborn children targeted because of their race, sex, or diagnosis of Down syndrome. But this court is powerless to change that state of affairs. Only the Supreme Court or a constitutional amendment can do that.”

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