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Tuesday, January 22, 2013

Ind. Law - "Roe v. Wade turns 40: What has happened in Indiana"

The Indianapolis Star has this story on its website this afternoon, written by Shari Rudavsky and Cathy Knapp. It begins by stating that "40 years ago today the debate over abortion entered a new arena when the Supreme Court issued its monumental Roe v. Wade decision." Here is the decision, from Jan. 22, 1973.

Most of the online story is devoted to a "History of Indiana's abortion law." However, this detailed Star history begins on April 19, 1995, and moves forward from there, to Nov. 23, 2005.

Did nothing happen in Indiana from 1973, when Roe was decided, until 1995, and from 2005 until 2013?

Perhaps the Star's online archives only goes back to 1995? Actually, they appear to go back to 1991. For instance, here from the archives is a snippet from May 24, 1991 that begins: "Supporters of abortion rights called the ruling - which bans abortion counseling at federally funded family planning clinics - callous and shocking, while abortion opponents praised it for rejecting the "bizarre concept" that treats abortion the same as contraception."

Perhaps the reporters were confused by the source notes to IC 16-34-1, Indiana's abortion law. The source notes indicate that IC 16-34-1 was added by P.L.2-1993, SEC.17. Did the reporters assume that Indiana had no abortion statute prior to 1993? But a little research shows that PL 2-1993 was an LSA "recodification" bill that repealed existing law and reenacted it in substantively the same form, but with different numbers. According to this table, the source of IC 16-34-1 was IC 16-10-3.

For a glimpse at a much richer Indiana history on aspects of this topic, look at Maurer Law Prof. Dawn Johnsen's [yes, that Dawn Johnsen] 2009 Yale Law Journal article, “TRAP”ing Roe in Indiana and a Common-Ground Alternative. Two quote from Johnsen's article:

Posted by Marcia Oddi on January 22, 2013 04:30 PM
Posted to Indiana Law