Republican legislative leaders aren't saying what new abortion policies they plan to implement in Indiana if the U.S. Supreme Court in coming weeks gives states the green light to further restrict, or outright ban, abortion access.
Speaking to reporters Tuesday, House Speaker Todd Huston, R-Fishers, and Senate President Rod Bray, R-Martinsville, both said they need to see what the nation's high court rules before deciding how the Indiana General Assembly will respond.
"We're a pro-life state, and we'd like to take a look at that. But we really have to wait and see what that opinion says when it comes down," Bray said. "There is a discussion about a range of things that we might do."
Earlier this month, a leaked draft ruling in a Mississippi abortion case, written by Justice Samuel Alito, suggested the Supreme Court is preparing to rescind the right to abortion established by the 1973 Roe v. Wade decision, setting the stage for each of the 50 states to set its own policy concerning abortion access.
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Bray said the leaked opinion is not official and the high court potentially could scale back its ruling to merely upholding the Mississippi law that bans abortion after 15 weeks of pregnancy, with limited exceptions for medical emergencies or severe fetal abnormalities.
Implementing the Mississippi law in Indiana would have little impact on the number of abortions performed annually in the Hoosier State because 99.1% of Indiana's 7,756 abortions in 2020 occurred prior to 13 weeks gestation, according to the Indiana Department of Health.
At the same time, Bray acknowledged lawmakers are informally talking about what steps Indiana might take if the preliminary Supreme Court ruling authorizing states to impose a total abortion ban becomes the final decision of the court.
Bray insisted no decisions have been made and no proposed legislation has been drafted. He said potential abortion exceptions for pregnancies caused by rape or incest, or pregnancies that impair the life of the mother, still remain to be decided.
He also did not address how an Oklahoma-style abortion ban that begins at "fertilization" might impact the availability of birth control products that prevent uterine implantation of a fertilized embryo or access to in-vitro fertilization treatments in Indiana.
"There's going to be a lot of conversations about that in the weeks and months ahead," Bray said. "We're going to have a full vetting of that issue, we're going to have hearings, we're going to give people the opportunity to come and weigh in and talk about their perspective on it."
"We're going to take all those things into consideration to see where we land."
Huston declined to speculate on whether Indiana has the ability to take care of more than 7,000 potentially unwanted children who may be born each year if the state completely bans abortion.
He said the state has allocated a great deal of money in recent years to reducing maternal and infant mortality, and those investments will continue regardless of the Supreme Court's abortion ruling.
"We are committed to helping women," Huston said.
Republican Gov. Eric Holcomb so far has refused to say whether he will call the General Assembly into special session this summer to address abortion access following the Supreme Court decision, as requested in March by 100 Republican state legislators.
"I'm waiting to see what the court submits in their final decision," Holcomb said.
Hoosier Democrats said rather than a special legislative session to impair women's rights, Holcomb should call lawmakers back to the Statehouse to temporarily suspend the 56 cents in state taxes imposed on each gallon of gasoline sold in Indiana.
"Saving money for people during a period of global inflation should be a no-brainer for any public servant, but it’s clear the Indiana GOP gets their orders from Washington, D.C. — not Indiana," said Mike Schmuhl, chairman of the Indiana Democratic Party.
"Rather than wasting even more taxpayer dollars on a total abortion ban, something only 17% of Hoosiers want, we should be focusing on saving money for everyone by rolling back some of the Indiana GOP's tax hikes on everyday Hoosiers."
Abortion access already is strictly limited in Indiana. There is no "abortion on demand."
To obtain a surgical or pill-induced abortion in Indiana, a woman must first visit an abortion clinic, or an affiliated health clinic, at least 18 hours prior to her abortion appointment to receive state-mandated, in-person counseling intended to deter the woman from getting an abortion.
The woman also must undergo an ultrasound at her pre-abortion visit and be offered the opportunity to view the ultrasound imaging and listen to the fetal heart tone — unless she declines in writing.
Either way, the woman must, by law, be provided a printed copy of her ultrasound image at no cost.
Abortion-inducing medication only may be administered up to eight weeks post-fertilization and the first of the two doses must be taken in the presence of the physician.
Telemedicine may not be used to obtain abortion-inducing pills in Indiana, even though the U.S. Food and Drug Administration has authorized telemedicine prescription and mail delivery of abortion pills at up to 10 weeks gestation.
An Indiana woman undergoing a surgical abortion is required to decide whether she will take responsibility for burying or cremating the abortion remains, or allow the abortion provider to handle disposal, which must be either by burial or cremation.
State law imposes additional, significant restrictions for abortions after 13 weeks gestation, even more barriers after 20 weeks, and mandates, in nearly all circumstances, parental consent for an abortion performed on a person less than 18 years old.
A state statute set to take effect July 1 creates a new crime of "coerced abortion" that will punish anyone "who knowingly or intentionally coerces a pregnant woman to have an abortion" with up to 2 1/2 years in prison.
Meet the 2022 Northwest Indiana legislative delegation
State Sen. Michael Griffin, D-Highland

State Sen. Michael Griffin, D-Highland
1st Senate District
Represents: Hammond (south side), Munster, Highland, Griffith, Dyer, Schererville
Experience: Former Highland clerk-treasurer; university instructor
Committees: Insurance and Financial Institutions; Local Government
State Sen. Lonnie Randolph, D-East Chicago

State Sen. Lonnie Randolph, D-East Chicago
2nd Senate District
Represents: Hammond, Whiting, East Chicago, Gary (west side), Griffith, Hobart, Merrillville
Experience: State senator since 2008, previously served 1994-98; attorney
Committees: Commerce and Technology; Insurance and Financial Institutions (ranking member); Judiciary (ranking member); Rules and Legislative Procedure; Tax and Fiscal Policy; Utilities (ranking member)
State Sen. Eddie Melton, D-Gary

State Sen. Eddie Melton, D-Gary
3rd Senate District
Represents: Gary, Lake Station, New Chicago, Hobart, Merrillville, Crown Point
Experience: State senator since 2016; community relations manager
Committees: Appropriations (ranking member); Education and Career Development; Health and Provider Services; Joint Rules; Rules and Legislative Procedure
State Sen. Rodney Pol Jr., D-Chesterton

State Sen. Rodney Pol Jr., D-Chesterton
4th Senate District
Represents: Ogden Dunes, Portage, Chesterton, South Haven, Burns Harbor, Beverly Shores, Michigan City, Westville
Experience: State senator since 2021; attorney
Committees: Corrections and Criminal Law (ranking member); Environmental Affairs; Local Government; Pensions and Labor; Public Policy
State Sen. Ed Charbonneau, R-Valparaiso

State Sen. Ed Charbonneau, R-Valparaiso
5th Senate District
Represents: Valparaiso, Hebron, Kouts, Jasper County
Experience: State senator since 2007; attorney
Committees: Appropriations; Ethics; Health and Provider Services (chairman); Rules and Legislative Procedure; Tax and Fiscal Policy
State Sen. Rick Niemeyer, R-Lowell

State Sen. Rick Niemeyer, R-Lowell
6th Senate District
Represents: St. John, Cedar Lake, Crown Point, Winfield, Lowell, Newton County
Experience: State senator since 2014, state representative 2012-14; small business owner
Committees: Environmental Affairs; Local Government; Tax and Fiscal Policy
State Sen. Mike Bohacek, R-Michiana Shores

State Sen. Mike Bohacek, R-Michiana Shores
8th Senate District
Represents: LaPorte County
Experience: State senator since 2016; consultant
Committees: Corrections and Criminal Law; Insurance and Financial Institutions; Judiciary; Local Government
State Rep. Carolyn Jackson, D-Hammond

State Rep. Carolyn Jackson, D-Hammond
1st House District
Represents: Hammond, Whiting
Experience: State representative since 2018; retired Cook County, Ill., probation officer
Committees: Environmental Affairs; Family, Children and Human Affairs; Natural Resources
State Rep. Earl Harris Jr., D-East Chicago

State Rep. Earl Harris Jr., D-East Chicago
2nd House District
Represents: East Chicago, Gary (west side)
Experience: State representative since 2016; small business owner
Committees: Government and Regulatory Reform; Roads and Transportation; Ways and Means
State Rep. Ragen Hatcher, D-Gary

State Rep. Ragen Hatcher, D-Gary
3rd House District
Represents: Gary (downtown and east side), Lake Station, New Chicago, Hobart
Experience: State representative since 2018; attorney
Committees: Commerce, Small Business and Economic Development; Courts and Criminal Code (ranking member); Government and Regulatory Reform
State Rep. Ed Soliday, R-Valparaiso

State Rep. Ed Soliday, R-Valparaiso
4th House District
Represents: Valparaiso
Experience: State representative since 2006; aviation safety consultant
Committees: Elections and Apportionment; Roads and Transportation; Utilities, Energy and Telecommunications (chairman)
State Rep. Pat Boy, D-Michigan City

State Rep. Pat Boy, D-Michigan City
9th House District
Represents: Michigan City, Chesterton, Beverly Shores, Long Beach, Westville
Experience: State representative since 2018; retired small business owner
Committees: Environmental Affairs; Natural Resources (ranking member)
State Rep. Chuck Moseley, D-Portage

State Rep. Chuck Moseley, D-Portage
10th House District
Represents: Portage, Chesterton, Ogden Dunes, Burns Harbor, South Haven
Experience: State representative since 2008; financial solutions associate
Committees: Employment, Labor and Pensions; Roads and Transportation (ranking member); Veterans Affairs and Public Safety
State Rep. Mike Aylesworth, R-Hebron

State Rep. Mike Aylesworth, R-Hebron
11th House District
Represents: St. John, Cedar Lake, Lowell, Schneider, Hebron, Kouts
Experience: State representative since 2014; farmer, former state environmental regulator
Committees: Agriculture and Rural Development (vice chairman); Courts and Criminal Code; Environmental Affairs
State Rep. Mike Andrade, D-Munster

State Rep. Mike Andrade, D-Munster
12th House District
Represents: Munster, Hammond (south side), Highland, Griffith
Experience: State representative since 2020; small businessman
Committees: Commerce, Small Business and Economic Development; Employment, Labor and Pensions; Veterans Affairs and Public Safety
State Rep. Vernon Smith, D-Gary

State Rep. Vernon Smith, D-Gary
14th House District
Represents: Gary (south side), Merrillville
Experience: State representative since 1990; education professor at Indiana University Northwest
Committees: Education (ranking member); Judiciary; Local Government
State Rep. Hal Slager, R-Schererville

State Rep. Hal Slager, R-Schererville
15th House District
Represents: Dyer, Schererville, St. John, Griffith
Experience: State representative 2012-18, reelected 2020; small business owner
Committees: Environmental Affairs; Ways and Means
State Rep. Douglas Gutwein, R-Francesville

State Rep. Douglas Gutwein, R-Francesville
16th House District
Represents: Newton, Jasper counties
Experience: State representative since 2008; small business owner
Committees: Agriculture and Rural Development; Environmental Affairs (vice chairman); Veterans Affairs and Public Safety
State Rep. Julie Olthoff, R-Crown Point

State Rep. Julie Olthoff, R-Crown Point
19th House District
Represents: Crown Point, Merrillville, Winfield, Lakes of the Four Seasons, Hobart
Experience: State representative 2014-2018, reelected 2020; small business owner
Committees: Family, Children and Human Affairs; Public Health (vice chairwoman); Veterans Affairs and Public Safety
State Rep. Jim Pressel, R-Rolling Prairie

State Rep. Jim Pressel, R-Rolling Prairie
20th House District
Represents: LaPorte County
Experience: State representative since 2016; small business owner
Committees: Commerce, Small Business and Economic Development; Roads and Transportation (chairman)