Will the Indiana Supreme Court Continue to Defer to the Indiana General Assembly’s Established Policy in Favor of Life?
Summary of the Indiana State Supreme Court Whitepaper
For a PDF copy of the full Indiana Whitepaper, please click here
The Indiana Supreme Court generally defers to the judgment of the political branches, therefore it is not an activist court.
Life Issues
Abortion
In Indiana, abortion is a criminal act, except in certain narrow conditions; which varies according to the trimester of the pregnancy and viability of the baby. Also, Indiana law restricts abortions to situations where there is voluntary and informed consent from the mother. Indiana law prohibits partial birth abortions except when necessary to save the mother’s life, and there are no better alternatives.
The Indiana Supreme Court has reviewed several cases regarding statutes that govern abortion. For example, in Bader v. Johnson, the Court held that while there is no cause of action for wrongful life, there is a cause of action for wrongful birth, when medical malpractice is involved. Additionally, in A Woman’s Choice-East Side Women’s Clinic v. Newman, the Court held that abortionists must comply with the consent requirement, unless a significant physical or mental threat to the life or health of the mother. Although the Justices disagreed on whether or not there was a fundamental right to privacy that includes a woman’s right to terminate her pregnancy, in Clinic for Women, Inc. v. Brizzi, the Court held that the consent requirement was not unconstitutional. In regards to funding, the Court held in Humphrey’s v. Clinic for Women Inc. that Medicaid must pay for abortions to preserve the lives of indigent pregnant women.
Protection of the Unborn from Criminal Violence
In Indiana there are a few laws that protect unborn children. For example, a person commits murder when the person kills a viable fetus; and a person commits voluntary manslaughter when a person kills a viable fetus under a sudden heat of passion; and a person commits involuntary manslaughter when the person kills a viable fetus while committing or attempting to commit other serious crimes. Also, in Shane v. State, the Court held that a person commits feticide when the person knowingly terminates a human pregnancy without intention to produce a live birth or remove a dead fetus. In Bolin v. Wingert, the Court determined that there is no cause of action for an unborn child under the wrongful death act; however, the mother may be recompensed for the miscarriage.
Assisted Suicide
In Indiana, intentionally causing or assisting suicide is a felony and unless a licensed healthcare provider intends to cause death, the healthcare provider is generally excluded from the assisted suicide statute. Indiana also passed the Health Care Consent Act, which authorizes adults or minors with certain qualifications to consent to his or her own health care, and delegate representatives. While the act explicitly states that it does not authorize euthanasia, the Court has stated that a person may choose to refuse hydration and medication under the Consent Act.
Healthcare Rights of Conscience
Indiana law provides rights of conscience protection to physicians and employees who object to performing abortions for ethical, moral or religious reasons, and protects private or denominational hospitals from having to perform abortions. However there is no right of conscience protection for pharmacists, or pharmacies.
Cloning and Destructive Embryo Research
Unlawful participation in human cloning is a felony in Indiana. The state, educational institutions and political subdivisions are expressly prohibited from using public funds to participate in cloning. Exceptions to cloning include in vitro fertilization and adult, fetal and embryonic stem cell research. Indiana University is currently developing strategies to move into the forefront of the nation in the field of adult stem cell research. A person commits unlawful transfer of human tissue when there is an exchange for an item of value. As mentioned above however, there are exceptions for reproductive procedures like in vitro fertilization.
While there are a few inconsistencies in cases dealing with life-related issues, and the Court has been asked to resolve the challenges, it often avoids deciding issues that the legislatures have addressed.
Judicial Restraint
The Indiana Supreme Court is not an activist court because it is restrained by the Indiana constitution to uphold the law and leave law-making to the legislature. Indiana is therefore limited in its ability to develop law and policy.
The Court
The Indiana Supreme Court consists of the Chief Justice and four other justices. The Chief justice is selected by a judicial nominating commission and holds the office for a period of five years. When a vacancy occurs on the Court, the Governor fills the vacancy from a list of three nominees presented to him by the judicial nominating commission. After appointment, a justice serves until the next general election and may continue to serve for the terms of ten years or as long as he remains in office. The Indiana State Supreme Court White Paper contains a table of biographical information for each current member of the Court.
For a PDF copy of the full Indiana Whitepaper, please click here