Abortion counseling ruling [Indiana SC] News
Abortion counseling ruling [Indiana SC]

Clinic for Women, Inc. v. Carl J. Brizzi, Indiana Supreme Court, November 23, 2005 [upholding an Indiana law requiring women seeking an abortion in Indiana to undergo counseling about medical risks and abortion-alternatives and wait at least 18 hours after the session before obtaining an abortion]. Excerpt:

The Indiana Legislature has passed a law that requires a woman seeking an abortion to give her informed consent prior to the procedure and, except in the case of a medical emergency, specifies that a physician (or other medical personnel) must "orally" and in her presence provide her with certain information at least 18 hours before the abortion is performed. The plaintiffs in this case contend that this law on its face violates the right to "liberty" set forth in Article I, Section 1, of the Indiana Constitution. We hold that this law is not unconstitutional because the plaintiffs cannot demonstrate that there are no set of circumstances under which the statute can be constitutionally applied. We further hold that even if the law were challenged as unconstitutional as applied in a particular case, the challenge would fail because the law does not impose a material burden on any right to privacy or abortion that may be provided or protected by Article I, Section 1.

Read the full text of the ruling [PDF]. Reported in JURIST's Paper Chase here