
A Look Back at the Abortion Debate - November 25, 2022
Season 34 Episode 47 | 26m 46sVideo has Closed Captions
On this special episode we look back at the abortion debate that dominated much of 2022
We look back at the abortion debate that dominated much of 2022. A leaked opinion, an Indiana abortion ban and the resulting legal battle. On this special episode of Indiana Week in Review.
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Indiana Week in Review is a local public television program presented by WFYI

A Look Back at the Abortion Debate - November 25, 2022
Season 34 Episode 47 | 26m 46sVideo has Closed Captions
We look back at the abortion debate that dominated much of 2022. A leaked opinion, an Indiana abortion ban and the resulting legal battle. On this special episode of Indiana Week in Review.
Problems playing video? | Closed Captioning Feedback
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[MUSIC].
>> WE LOOK BACK AT THE ABORTION DEBATE THAT DOMINATED MUCH OF.22.
A LEAKED OPINION, THE INDIAN ABORTION BAN AND THE RESULTING LEGAL BATTLE, ON THIS SPECIAL EPISODE OF INDIANA WEEK IN REVIEW.
>> INDIANA WEEK IN REVIEW IS MADE POSSIBLE BY THE SUPPORTERS OF INDIANA PUBLIC BROADCASTING SYSTEMS.
>> THIS WEEK, INDIANA LEGISLATIVE LEADERS ARE NOT SAYING JUST HOW FAR THEY WERE GOING BANNING ABORTIONS IF THE U.S. SUPREME COURT OVERTURNED HIS LONG-STANDING ABORTION RIGHTS - - WOULD ALLOW STATES TO ENACT FULL BANDS.
WHAT LITTLE PUBLIC POLLING THERE IS ON ABORTION IN INDIANA SHOWS THAT A LARGE MAJORITY OPPOSING ABORTION BAN THAT IS NOT ALLOW EXCEPTIONS LIKE IN CASES OF RAPE, INCEST OR WHEN THE LIFE OF THE PREGNANT PERSON IS AT RISK.
IT IS NOT CLEAR HOW FAR INDIANA REPUBLICAN LEADERS WILL GO IF THE SUPREME COURT FULLY OVERTURNS ROE V WADE.
IN A STATEMENT, SENATOR - - GOOD NEWS AND SAID LAWMAKERS WILL MONITOR FURTHER FOR A FINAL DECISION.
HOUSE SPEAKER TODD HOUSTON SAID THE VAST MAJORITY OF REPUBLICAN LAWMAKERS WANT TO TAKE FURTHER ACTION TO BAN ABORTION BASED ON THE COURT'S FINAL DECISION.
100 REPUBLICANS OUT OF 110 IN THE GENERAL ASSEMBLY SIGNED A LETTER IN MARCH ASKING THE GOVERNOR TO CALL A SPECIAL SESSION TO ALIGN INDIANA LOSS WITH THE SUPREME COURT THE EVENTUAL RULING.
THE INDIANA DEMOCRATIC PARTY'S ESTATE HOUSE REPUBLICANS PUSHED TO BAN ABORTIONS COST LIVES.
CHRIS MITCHUM, HOW FAR WILL INDIANA REPUBLICANS GO?
>> IT IS FIRST IMPORTANT TO EMPHASIZE THAT THIS IN ENTIRE CONVERSATION IS SURROUNDING ONE WEEK.
WE DO NOT KNOW IF THIS IS THE FINAL DRAFT OR OTHER SUPREME COURT JUSTICES ARE GOING TO WANT TO EDIT THE OPINION THAT WE SAW.
WE DO NOT KNOW IF THIS HAD THE SUBREPORT MAJORITY TO MAKE THIS THE REAL THING.
I THINK IT IS AN ENTIRELY SEPARATE CONVERSATION OF WHAT THEY CAN DO FOR THE INTEGRITY OF THE JUDICIAL BRANCH.
ALL THAT BEING SAID, WHEN IT COMES INDIANA, THEY FIND THEMSELVES IN A UNIQUE SITUATION.RIGGER LOSS AROUND THE COUNTRY HAVE COME TO THE FOREFRONT.
PEOPLE ARE STARTING TO REALIZE THOSE IN THE OLD STATUTES THAT INDIANA HAS NEITHER OF THOSE, THAT PUTS THEM IN A VERY UNIQUE SITUATION TO I THINK IT HERE TO WHAT THE SUPREME COURT OPINION SAYS , WHICH IS THE COMPETITION IS NOT OPENING LEGAL CONSTITUTIONAL) ABORTION SO WE WILL KICK THIS BACK TO THE STATES AND ALLOW THE CITIZENS TO CONVERSE AMONGST EACH OTHER AND ELECT PEOPLE THAT BEST REPRESENT THEIR VIEWS.
>> BEYOND ABORTION, THERE ARE QUESTIONS ABOUT THE LEGAL LOGIC THAT JUSTICE ALITO USES IN HIS RULING AND IF IT CAN BE USED TO TRACK DOWN INTERRACIAL MARRIAGE, GAY MARRIAGE, GAY RIGHTS IN GENERAL, SCHOOL SEGREGATION AND A NUMBER OF OTHER THINGS.
HOW FAR DOES THIS MOVEMENT FROM CONSERVATIVE SCOPE?
>> I THINK IT GOES WAY TOO FAR.
I KNOW YOU DODGED THE QUESTION VERY APTLY, BUT YOU DODGED THE QUESTION.
IF THE SUPREME COURT KICKS THIS BACK TO THE STATES, INDIANA CAN DO WHATEVER IT WILL DO AND MAY EVEN CRIMINALIZE IT.
IF THEY WERE DOING IT SENSIBLY, THEY OUGHT TO HAVE HEARINGS ALL AROUND THE STATE AND ACTUALLY LISTEN TO WHAT PEOPLE THINK ABOUT THIS, BUT THEY WILL NOT DO THAT.
THEY WILL COMMENT AND ONE DAY ONE OF THE CLOTHES COXES, THEY WILL PRESENT A PIECE OF LEGISLATION, NOT ALLOW ANY SECOND READING AMENDMENTS AND GO AHEAD AND ENACTED.
IT WILL BE IS POORLY THOUGHT OUT AS TEXAS IS.
YOU CAN ENTER THESE SITUATIONS, ARE WE GOING TO PROSECUTE DOCTORS?
WILL WE HAVE TWO DIFFERENT COUNTRIES?
YOU CAN HAVE AN ABORTION IF YOU LIVE ON ONE SIDE OF THE WABASH RIVER BUT NOT THE OTHER SIDE OF THE WABASH RIVER?
IF YOU GO ACROSS, CAN YOU BE PROSECUTED PROSECUTED IN INDIANA PRODUCE SOMETHING LEGAL IN ILLINOIS?
IF A DOCTOR PERFORMS IT THERE OR SEND YOU THERE, COULD HE BE PROSECUTED OR HAVE TO AVOID THE STATE OF INDIANA ON THE WAY BACK TO THE EAST COAST?
IT IS CRAZY.
IT IS ABSOLUTELY CRAZY.
THE FACT THAT THE IDEOLOGY OF THE REPUBLICAN PARTY , BECAUSE THIS IS OWNED BY THE PUBLICAN PARTY , AND THE SUPREME COURT REPRESENTS THE REPUBLICAN PARTY , IT IS FRIGHTENING.
IT IS FIGHTING TO SO MANY YOUNG WOMEN WHO WILL FACE VERY DIFFICULT CHOICES HAVE NEVER MET SOMEBODY WHO WAS HAS HAD AN ABORTION IN MY LIFE.
BUT THERE ARE SITUATIONS THAT CALL FOR IT.
IF YOU HAVE A PREGNANCY THAT IS DOOMED T DEATH AND DOOMED TO SUFFERING FOR THE MOTHER OR THE CHILD, IS THE IDEA THAT THAT LEGISLATURE CAN POSE PRIMARILY ON THE REPUBLICAN SIDE OF OLD WHITE MEN, CAN DICTATE TO WOMEN WHAT THEY ARE ALLOWED OR NOT ALLOWED TO DO IS FRIGHTENING .
>> I WILL RESPOND TO THAT.
IT IS HARD TO GROUP THEM ALL AS OLD WHITE MEN.
YOU'VE SEEN EVERY SINGLE MAJOR ABORTION RIGHTS PEACE AND ALLEGEDLY HAS BEEN CHAMPIONED BY WOMEN .
>> HOW MANY WOMEN DO YOU HAVE IN YOUR CLOCKS OUT OF THE 70?
10%, MAYBE?
>> THE QUESTION OF WILL INDIANA BAN ABORTION OR NOT SEEMS FAIRLY SIMPLE .
YES.
THERE ARE A LOT OF OTHER THINGS .
>> THERE'S THE QUESTION IF THEY WILL BAN OUTRIGHT OR IF THEY WILL DO AND EIGHT WHEAT WEEK , THE BIGGER QUESTION WILL BE AROUND ANY EXCEPTIONS THEY HAVE.
DO YOU HAVE AN EXCEPTION FOR RAPE OR INCEST?
MOST OF THE REPUBLICANS I AM TALKING TO HER SAYING NO.
THERE STILL SEEMS TO BE A BIT MORE SUPPORT FOR THE EXCEPTION OF THE LIFE OF THE MOTHER.
I THINK A LOT OF THE DEBATE WILL BE AROUND THE TOPIC .
>> AND RAISE THE IDEA OF HEARINGS AROUND THE STATE OR THE LEGISLATIVE PROCESS .
YOU EXPECT US TO GO PRETTY QUICKLY ONCE IT IS MADE POSSIBLE?
>> I THINK IT WOULD BE SIMILAR TO WHAT THEY DID WITH REDISTRICTING .
THIS WOULD BE A SPECIAL SESSION MOST LIKELY SO THEY WILL NOT BE HANGING AROUND FOLLOWING THE USUAL CALENDARS.
I AM SURE THAT THEY WERE TAKEN PUBLIC INPUT, YES, BUT I AM SURE THAT THEY WILL WANT TO AVOID MUCH OF THE SECOND READING AMENDMENTS AS MUCH AS THEY CAN BECAUSE THAT WILL GET REALLY MESSY.
A LOT OF THESE PEOPLE HAVE RAN ON BEING PRO-LIFE, BUT NOW WE ARE GETTING DOWN TO WHAT THAT ACTUALLY MEAN?
HOW ANTIABORTION ARE YOU?
WHEN IT COMES TO THE EXCEPTIONS IN TERMS OF THE TIMING LIMITS ON THESE THINGS.
I DO NOT THINK THAT WE HAVE A CLEAR PICTURE OF WHAT THIS LEGISLATOR WILL LOOK LIKE , BUT I KNOW THEY WILL PROBABLY BE A LITTLE MESSY BECAUSE YOU HAVE LAWMAKERS THAT WILL COMPLETELY DISAGREE ON WHAT THE SHOULD LOOK LIKE .
>> THE SUPREME COURT OF THE UNITED STATES OVERTURNED NEAR 50 YEAR SO-CALLED SUPER PRESIDENT ROE V WADE OPENING THE BAND OF ABORTION CARE TO THE DISCRETION OF STATES.
INDIANA LAWMAKERS HAVE PLANNED FOR THIS OUTCOME FOR SEVERAL WEEKS FOLLOWING THE LEAK OF A DRAFT OPINION.ANN DE LANEY, WHAT IS YOUR INITIAL REACTION TO THE OVERTURNING OF ROE V WADE?
>> IT IS HORRIBLE.
DONALD TRUMP GOT EXACTLY WHAT HE WANTED.
HE WANTED TO PIT AMERICANS AGAINST EACH OTHER , HE WANTS TO SANCTION, HE WANTS ANGER, HE WANTS BITTERNESS, HE WANTS HATRED THAT IS WHAT HE GOT WHEN HE APPOINTED THOSE THREE PEOPLE TO THE U.S. SUPREME COURT.
THE FACT THAT WE ARE RESTRICTING THE RIGHTS OF WOMEN 50 YEARS LATER WHEN WE HAD TIME AFTER TIME WERE TOLD PRESIDENT DETERMINES, PRESIDENT DETERMINES AND BASICALLY FALSIFY THE TESTIMONY FROM THE COMMITTEE.
I AM REALLY CONCERNED.
I AM CONCERNED FOR YOUNG WOMEN.
THERE WILL BE PROTESTS, THERE'S GOING TO BE A PROTEST IN INDIANA TOMORROW AT THE STATEHOUSE.
PEOPLE SHOULD GO TO THE AND THAT THEIR VIEWS BE HEARD.
THIS IS GOING TO BE A TERRIBLE TIME FOR THIS COUNTRY.
BETWEEN THE ISSUE OF WHO HAS GUNS AND IF YOU'RE NOT ALLOWED TO RESTRICT THE NUMBER OF PEOPLE KILLED BY GUNS , NOW WE DON'T HAVE RIGHTS OVER OUR OWN BODIES.
IT IS A TERRIBLE TIME AND QUITE FRANKLY, UNTIL DONALD TRUMP WAS ELECTED, I NEVER THOUGHT IT WOULD HAPPEN .
>> MIKE O'BRIEN, WHAT IS YOUR REACTION TO THE OVERTURNING OF ROE V WADE?
THIS HAS BEEN THE GOP TALKING POINT FOR DECADES .
>> IT HAS BEEN A CHRISTIAN RIGHT EFFORT SINCE THE DAY ROE V WADE WAS A REALITY.
LOOK, I THINK THE REALITY THAT WE ARE GOING TO ENTER IS NOT WHAT THE FAR RIGHT THINGS, THAT IS ALL DONE.
WE ARE AT THE BEGINNING OF ANOTHER PART OF THIS NOW.
I THINK IN INDIANA , WILL HAVE TO BE THOUGHTFUL AND INTENTIONAL ABOUT HOW WE GO FORWARD .
THERE IS ENCOURAGEMENT IF YOU ARE WORRIED ABOUT A COMPLETE WIPEOUT OF ABORTION RIGHTS IN INDIANA.
WE WENT THROUGH AN ENTIRE LEGISLATIVE SESSION THIS YEAR OF THEIR EXTREME PROPOSALS BEING DEFEATED ON THE FLOOR, DEFEATED HIM ASSERTIVELY OR PROCEDURALLY.
THEN, WHAT THE REACTION TO THAT WAS A PRIMARY SEASON FROM THE FAR RIGHT THAT ALMOST EXCLUSIVELY FAILEDIT IS INTERESTING I THINK I WILL BE IN INDIANA THAT WE NOW HAVE A HOUSE MAJORITY OR GENERAL ASSEMBLY BACK AND LOOK AT THIS AND SAY WE NEED TO BE THOUGHTFUL .
I KNOW WE WILL TALK ABOUT THIS MORE NEXT WEEK BUT HOW WE CHART THE PATH FORWARD , HOW WE RETHINK INVESTMENTS IN PUBLIC HEALTH AND WOMEN'S HEALTH , AND SUPPORT AROUND THE FACT THAT WE ARE GOING TO HAVE , THIS IS A POSITIVE FOR THE PRO-LIFE COMMUNITY, WE WILL HAVE MORE CHILDREN BORN AND THAT REQUIRES THAT WE ARE TO TAKE SERIOUSLY OR DID NOT TAKE SERIOUSLY BEFORE .
>> INDIANA IS , IT RANKS HORRIBLY FOR MATERNAL MORTALITY IN INFANT MORTALITY.
WHAT CAN WE EXPECT OUT OF LAWMAKERS ?
>> NOTHING .
>> THAT IS A GOOD VENTRILOQUIST ACT THERE .
>> THAT IS THE TRUTH .
>> THERE WILL BE A GREAT EMPHASIS ON HEALTH AND PUBLIC HEALTH.
IF ONLY BECAUSE, THE GOVERNOR HAS SIGNALED AS MUCH.
HE HAS CREATED TASKFORCES TO LOOK AT THIS AND COME UP WITH PROPOSALS , AND THERE IS MONEY TO FUND IT.
HOWEVER, WE LOOK AT SOME OF THE SPECIFIC TYPES OF THINGS, THERE MAY NOT BE AN APPETITE FOR THAT AMONG REPUBLICANS.
I THINK THE PRIMARY REASON DURING THIS PAST SESSION THAT NONE OF THOSE EXTREME MEASURES THAT MIKE TALKED ABOUT PREVAILED SIMPLY BECAUSE LEADERSHIP WAS ABLE TO SAY THERE WAS NO REASON WE ARE ABLE TO DO ANYTHING NOW .
>> HE LOOKED AROUND THE REST OF THE COUNTRY AND YOU HAD TRIGGER LAWS PASSED .
>> IT WAS LEADERSHIP SAYING THAT THEY WERE THE HIGHEST COURT DOESAS FAR AS HIS NOTION OF THE BUCCAL REFLECTION, I DON'T SEE THAT HAPPENING ON THIS ISSUE.
THE LINES ARE JUST TOO STARK.
YOU HAVE PEOPLE IN THE SECAUCUS WORD THIS AND GUNS - - I DO NOT THINK THEY ARE IN NO MOVE TO SIT BACK .
>> I WAS SUGGESTING THAT WE HAVE TAKEN STEPS IN YEARS PAST TO RESTRICT SEX EDUCATION IN SCHOOLS, TO RESTRICT INFANT MORTALITY FUNDING , NOW WE ARE ENTERING A PHASE WHERE WE ARE AT THE BEGINNING OF ANOTHER PART OF THIS.
IT DOES ALLOW US TO RESET THE INVESTMENTS THAT WE ARE MAKING IN THAT SPACE .
>> POLITICALLY , TO THIS POINT, ANTIABORTION FORCES HAVE BEEN UNITED, IT IS A MONOLITH.
THEY ARE SET FOR THE MOST PART, THIS IS OUR MISSION, THIS IS OUR CALLING .
NOW WE WILL START TO SEE DIVISIONS WITHIN THAT.
YOU WILL SEE SEVERAL WANT TO PROSECUTE WOMEN , SOME WHO WANT TO BE VERY ACTIVE IN GOING AFTER DOCTORS, INTERCEPTING MALE AND TRYING TO PREVENT WOMEN FROM GOING THROUGH STATE LINES.
THERE ARE OTHER PEOPLE IN THE PRO-LIFE MOVEMENT THAT SAID WE HAVE NEVER ADVOCATED THAT.
THE DIVISIONS WE USED TO SEE ON THE OTHER SIDE .
>> I JUST WANTED TO THROW ONE THING IN HERE.
THERE WAS TALK ABOUT WHETHER WE ARE GOING TO SUPPORT THESE CHILDREN WHO ARE GOING TO BE BORN.
I WILL SAY THAT HOUSE SPEAKER TODD HOUSTON AND HIS STATEMENT TODAY MADE VERY CLEAR, THAT A FAMILY GO THROUGH AT THE SAME TIME AS ADDITIONAL SERVICES AND DOLLARS TO HELP SUPPORT THINGS.
IT COULD BE AN UPDATING WIC PAYMENTS OR IN A MILLION DIFFERENT THINGS.
THAT MAKES THE SPECIAL SESSION A LITTLE HARDER BECAUSE WE WILL ALSO APPROPRIATE THE MONEY FOR SOME SERVICES, OR AT LEAST THAT IS WHAT HE HAS STAKED OUT FOR HIS CHAMBER .
>> INDIANA REPUBLICAN LAWMAKERS VOTED LATE LAST FRIDAY TO 4000 MORE PEOPLE TO GIVE BIRTH EVERY YEAR IN A STATE WITH SOME OF THE MOST MATERNAL AND INFANT MORTALITY RATES IN THE COUNTRY.
>> ABORTION WOULD ONLY BE ALLOWED IF THE PREGNANT PERSON SERIOUS HEALTH OR LIFE IS AT RISK, IF THERE IS A LEGAL FETAL ANOMALY OF THE 20 WEEKS, ANY CASES OF RAPE OR INCEST, BUT ONLY UP TO 10 WEEKS.
REPUBLICAN SENATOR LIZ BROWN SAID THE BAN IS THE CULMINATION OF YEARS OF BATTLES .
>> WE WILL ALWAYS HAVE MORE WORK TO DO BECAUSE WE NEED TO MAKE IT UNIMAGINABLE TO AND AN UNBORN BABY'S LIFE .
>> DEMOCRATIC SENATOR SAYS WOMEN SHOULD HAVE ASKED FOR CONTROL OVER THEIR OWN BODIES .
>> IS NOT COMPASSIONATE , IT IS NOT PRO-LIFE, IT IS PRO-PUNISHMENT.
PUNISHMENT OF WOMEN WHO DARED TO LIVE AS FREELY AS MEN .
>> GOVERNOR ERIC HOLCOMB QUICKLY SIGNED THE BILL .
>> INDIANA VOTERS HAVE SENT REPUBLICAN SUPERMAJORITY TO THE STATEHOUSE FOR NEARLY A DECADE .
BUSINESS WHAT THEY WANTED ?
>> I DO NOT THINK THAT THIS IS WHAT THEY WANTED.
THEY KNEW THAT THEY WERE SENDING REPUBLICANS TO THE STATEHOUSE, THEY DID NOT KNOW THAT THAT THEY WERE SENDING CRUEL PEOPLE TO THE STATEHOUSE.
THEY WERE AFRAID OF WHAT HAPPENED IN KANSAS , WHICH IS NOT AS PROGRESSIVE ESTATE, I HOPE, AS INDIANAWHAT THEY DID HERE, THEY HAD 49 PEOPLE IN THE HOUSE CAUCUS , 49 REPUBLICANS SAY, THAT 10-YEAR-OLD SHOULD HAVE BEEN FORCED TO CARRY THE OFFSPRING .
>> 39 .
>> OH, IT WAS ONLY 39?
>> MORE THAN HALF OF THEM .
>> MORE THAN HALF OF THEM SAID SHE BE FORCED TO CARRY THE CHILD TO TERM AND BE CUT OPEN BECAUSE AT AGE 10, YOU CANNOT DELIVER VAGINALLY.
THAT IS THE IDEA OF WHAT THEIR RELIGION DEMANDS.
THEY WANT TO MAKE EVERYONE ELSE DO THAT.
THEY DID IT SO QUICKLY THAT THEY DO NOT THINK THROUGH WHAT THEY WERE DOING.
I DON'T MEAN IN TERMS OF THE LIMITATIONS.
A CHILD THAT AGE PROBABLY DOES NOT KNOW SHE IS PREGNANT BY 10 WEEKS, BUT THAT ISSUE ASIDE, THEY DID NOT REPEAL ANY OF THE OTHER DUMB IDEOLOGICAL LAWS THEY HAVE PASSED.
SHE'S GOING TO HAVE TO MAKE TWO VISITS, HAVE ULTRASOUND, BE LIED TO AND SAID THAT THE FETUS CAN FEEL PAIN.
SHE WILL BE LIED TO HIMSELF THERE IS A PILLS YOU TAKE TO REVERSE THE ABORTION .
THAT IS A POORLY DRAFTED AND POORLY THOUGHT OUT AND HOW pQUICKLY THEY RUSH TO JUDGMENT.
THEY DO NOT CARE WHAT VOTERS THINK .
>> IN THE SENATE FLOOR - - SENATOR MIKE WHO VOTED TO TAKE OUT THE EXCEPTIONS SAID ON THE FLOOR , SOME OF US MAY LOSE OUR SEATS FOR THIS VOTE.
DO YOU THINK HE IS RIGHT?
DO YOU THINK THERE WILL BE ELECTORAL CONSEQUENCES FOR REPUBLICANS OVER THIS BILL?
>> WE WILL SE.
THIS CAME LATE AND DEMOGRAPHICS CHARACTERISTICALLY HAD NO CANDIDATES READY TO RUN AHEAD VERY INCOMPLETE , THERE'S NOT A LOT OF COMPETITIVE RACES AROUND THE STATE THAT ARE WELL ORGANIZED AND FUNDED.
WE WILL SEE THOUGHIN KANSAS, THAT WAS A SURPRISE, KANSAS THAT IS WHAT ENCOURAGED DEMOCRATS TO BRING THE LIMIT TO DERAIL THIS AND GO TO REFERENDUM .
I THINK KANSAS THOUGHT THAT THIS WAS A NO-BRAINER.
RESTRICTING ABORTION, AND THAT TURNED OUT NOT TO BE THE CASE.
SOMETHING IS GOING TO BE MUCH LIKE BARACK OBAMA AND HEALTHCARE REFORM AS A CATALYST FOR SOUTHERN INDIANA DEMOCRATS TO CONSISTENTLY VOTE REPUBLICAN, THERE CAN BE A CATALYST THAT MOVES SOME OF THESE VOTERS, ESPECIALLY IN THE MIDDLE AROUND.
I DON'T WANT TO SLEEP ON THAT THEORY POLITICALLYHAT WAS INTERESTING AND DISTURBING INDIANA WAS THE FIRST EXPERIMENT IN A RED STATE TALKING ABOUT THISWITH ALL THE STATES THAT HAD TRIGGER LAWS, THAT WAS A MINDLESS POLITICAL BILL.
IT DID NOT MATTER, ROLE IS IN THE BACKGROUND.
WHAT CHANGED AND WHAT INDIANA PROVED AND SHOWED, THIS IS A HELL OF A LOT MORE NUANCED THAN VOTING FOR A TRIGGER LAW .
IT IS SCORED BY YOUR STATES RIGHT TO LIFE LOBBY.
IT WAS THEORETICALAND NOW IT IS NOT.
THEY DID TERRY PAY VERY CLOSE ATTENTION TO WHAT THEY WERE DOING .
THEY HAD TO THINK THROUGH A LOT OF THESE THINGS THAT THEY DID NOT HAVE TO THINK THROUGH BEFORE .
>> I DON'T THINK THEY DID .
>> THESE GUYS WERE ALL OVER THE BOARD .
>> WHAT ABOUT ALL OF THE OTHER HURDLES?
>> I WANT TO TALK ABOUT THIS ASPECT OF IT TOO.
NOBODY , NOBODY, TESTIFIED IN SUPPORT OF THIS LAW.
NO ONE.
NOT A SINGLE HUMAN BEING HONESTLY TESTIFIED IN SUPPORT OF SB ONE .
OVER 6.5 HOURS AND 61 PEOPLE IN THE SENATE AND EIGHT HOURS, MORE THAN 100 PEOPLE IN THE HOUSE, NO ONE BECAUSE OBVIOUSLY ABORTION RIGHTS ADVOCATES DO NOT LIKE THE LAW AT ALL AND ANTIABORTION ACTIVIST SAID IT DID NOT GO FAR ENOUGH.
THEY WANT THE RAPE AND INCEST OBJECTIONS TAKEN OUT.
IS THIS DEBATE OVER?
>> I DO NOT THINK THAT IT IS OVER.
IN TERMS OF THE POLITICAL FALLOUT, I THINK IT IS DIFFICULT TO SAY WHETHER BE DRAMATIC CHANGE IN THE NUMBERS IN THE BREAKDOWN POLITICALLY IN THE HOUSE AND THE SENATE?
I THINK WE CAN SAY WITH CERTAINTY , WE ARE NOT TALKING ABOUT WHO IS RIGHT MORALLY OR WRONG, I'M TALKING WITH THE POLITICS .THIS IS A HIGH WATERMARK FOR THOSE THAT HAVE OPPOSED ROE V WADE AND ONE OF HEADER RESTRICTIONS.
IT IS NOT GET BETTER THAN THIS .
A BABY IN THE PAST MIGHT HAVE BEEN BORN MIGHT'VE BEEN BORN AND - - BY DEFINITION, NO.
IS THERE ANOTHER 10-YEAR-OLD?
A NINE-YEAR-OLD?
WHAT ABOUT THE WOMAN WHO SAW AN ILLEGAL ABORTION OR TRY TO DO IT HERSELF AND BOTCHED IT AND DIED A VERY PAINFUL DEATH?
THERE IS THIS HORRIFYING ASSAULT , MAYBE SOMEBODY SIGNED THE WINDOW AND DOES NOT MEET ALL THE CRITERIA AND HAVE THE AFFIDAVIT NOTARIZED AND SIGNED PROPERLY AND IS STILL THE VICTIM OF INCEST OR RAPE .
I CAN SEE A MILLION STORIES REMINDING PEOPLE THAT THIS IS PERHAPS COOL CRUEL AND DRACONIAN AND NOT IN THE BEST INTEREST OF WOMEN, AND THERE IS NO FLIPSIDE TO IT.
EVEN REPUBLICAN HAVE TO ADMIT THAT THIS IS AS GOOD AS THEY GET .
THE ONLY ROAD FROM HERE ON THAT ISSUE.
>> TO THE QUESTION I ASKED MIKE, WILL THERE BE FALLOUT , WHEN WE SPOKE TO - - ON THE DAY THE BILL PASSED, IN THE HOUSE , I WAS THE ONE WHO ASKED THE QUESTIONYOU KNOW WHAT THE MAPS LOOK LIKE AS WELL AS I DO.
IS THERE ANY REASON TO THINK THAT YOU WILL ACTUALLY HAVE WINDS OFF OF THIS?
THE ANSWER SAID WE DO NOT THINK WE WILL GET A MAJORITY , BUT THEY THINK THEY CAN BREAK THE SUPER MAJORITY IN THE HOUSE .
ARE THEY RIGHT?
>> THEY WOULD HAVE TO FLIP FOUR OR FIVE RACES?
THAT MIGHT BE A LITTLE HIGH FOR ONE CYCLE.
MIKE IS RIGHT, A LOT OF THOSE RACES DO NOT HAVE A COMPETITOR ON THE BALLOT .
MAYBE THIS TIME PERIOD, THERE MIGHT BE A LITTLE , I WOULD NOT BE SURPRISED IF A COUPLE OF SEATS LEFT.
PEOPLE ARE PRETTY MOTIVATED ABOUT THIS RIGHT NOW .
THEY WERE STILL OUTSIDE OF THE STATEHOUSE WITH THE MEGAPHONE JUST YESTERDAY ON THIS ISSUE.
WE WILL SEE HOW IT GOES .
>> IN THE END IS NEAR TOTAL ABORTION BAN HAS BEEN TEMPORARILY HALTEDJUST THREE DAYS AFTER A JUDGE HEARD ARGUMENTS IN A LAWSUIT CHALLENGING THE BAN, SHE RULED THAT THE LAW LIKELY VIOLATES THE IN THE DAY IN THE IN THE CONSTITUTION.
>> JUDGE COTTINGHAM) FOR THE BENCH AS A REPUBLICAN SAID THERE IS A RECOGNIZED RIGHT TO BODILY AUTONOMY IN THE INDIANA CONSTITUTION.
THE ABORTION BAN IS LIMITED EXCEPTIONS FOR RISK TO THE LIFE OF THE PREGNANT PERSON FOR SOME - - SOME CASES OF RAPE OR INCEST.
THE LAW GOES TOO FAR IN RESEARCHING THE RIGHT TO BODILY AUTONOMY BY MAKING THAT AUTONOMY LARGELY CONTINGENT UPON FIRST EXPERIENCING EXTREME SEXUAL VIOLENCE OR SIGNIFICANT LOSS OF PHYSICAL HEALTH OR DEATH.
THE REALLY MEANS FOR NOW, ABORTION IS ONCE MORE THE GOVERNOR ANYONE OF THE 20 WEEKS .
THE STATE WILL APPEAL THE DECISION .
>> MIKE O'BRIEN, THIS CAME DOWN FAST MY YOU SURPRISED BY THE DECISION?
>> I AM SURPRISED THAT IT ALL WENT COUNTY REPUBLICAN MADE THE DECISION, LET'S START THERE.
I DON'T THINK IT IS SURPRISING.
IT IS QUESTIONABLE WHETHER PRIVACY IS THE RIGHT IN THE INDIANA CONSTITUTION HAS A SPOTTY HISTORY.
WITH THE COURT OF APPEALS AFFIRMING THIS MEETING ABORTION IS A PROTECTED RIGHT, THE SUPREME COURT VACATED IT .
THAT HAD TO DISPENSE WITH OPPOSITE OPINION.
THE IDEA THAT THIS QUESTION NEEDS TO BE ANSWERS IS NOT A SHOCK, I KNOW IT IS A HOPEFUL THAT COURTS DON'T HAVE AN INJUNCTION ON A LAW THAT WAS PASSED, BUT ANSWERING THIS QUESTION I THINK SHOULD BE AS IMPORTANT FOR THE PRO-LIFE COMMUNITY AS IT SHOULD BE FOR THE PORTRAITS COMMUNITY .
>> 'SOPINION COULD'VE GONE ONE OF TWO WAYS.
AS MIKE IS POINTED OUT, WE HAVE THIS DEBATE ABOUT 15 YEARS AGO OR SO BETWEEN TWO INDIANA SUPREME COURT JUSTICES .
ONE SAYING THERE IS NO RIGHT AND ONE SAYING YES THERE IS.
SHE WENT WITH HER YES THERE IS CROWD.
WHAT IS THE LIKELIHOOD THAT THE CURRENT SUPREME COURT GOES WITH ANOTHER ISN'T?>> SHE THINKS THE LIKELIHOOD IS THAT THEY WILL GO WITH YES THERE IS BECAUSE THE PULMONARY INJUNCTION.
YOU HAVE TO DEMONSTRATE LIKELIHOOD OF PREVAILING ON THE MERITS TO GET THERE.
SHE CLEARLY WITH THE REASON HE CAME UP WITH THE NOTION THAT ALL OF THESE RIGHTS, AS WE HAVE SEEN OVER THE COURSE OF HOWEVER MANY YEARS HAS BEEN IN EXISTENCE, INVOLVED.
WHAT MAY NOT HAVE BEEN AN ATTITUDE SHARED BY A LOT OF PEOPLE 50 YEARS AGO IS NOW SHARED BY A LOT OF PEOPLE .
SHE IS ABSOLUTELY RIGHT, IN THE PAST AND OTHER KINDS OF SITUATIONS , THE STATE COURTS HAVE DETERMINED THAT THE RIGHTS GUARANTEED BY THE INDIANA CONSTITUTION DON'T ACTUALLY MIRROR THE RIGHTS PROVIDED BY THE FEDERAL CONSTITUTION AND IN MANY CASES WE ARE MUCH MORE LIBERAL ABOUT THE RIGHTS THAT WE RECOGNIZE UNDER THE INDIANA CONSTITUTION.
IT IS NOT SURPRISING AT ALL.
AS A REPLICA FROM ALL WENT COUNTY, SHE DESERVES A LOT OF CREDIT FOR FOLLOWING WHAT SHE THINKS THE LAW IS AND SHOULD BE.
IT WILL OBVIOUSLY HAVE SOME POLITICAL RISK TO HER IN THE COUNTY BUT NONETHELESS, SHE DID THE RIGHT THING AND DESERVES A FANTASTIC AMOUNT OF CREDIT .
>> ONE OF THE THINGS SHE POINTS ON THE RULING IS SOMETHING THAT IS LISTING IN THE ARGUMENTS WAS EVEN IF YOU BELIEVE THERE'S RIGHT TO PRIVACY IN THE CONSTITUTION , EVEN IF YOU THINK THAT, ABORTION IS BANNED IN INDIANA THE TIME THE COMPETITION WAS WRITTEN.
AT THE TIME, IT CANNOT BE A PART OF THE PROTECTED RIGHT IN THE CONSTITUTION .
THINGS HAVE CHANGED IN THE LAST 20+ YEARS.
THE POINT IS, THINGS HAVE CHANGED.
IS THE ARGUMENT GOING TO HOLD UP?
>> I DON'T KNOW.
WHEN HE CANNOT EVEN VOTE WHEN WE STARTED THIS.
YOU CAN'T REALLY COMPARE EVERYTHING TO EXACTLY THE SITUATION WHERE THE CONSTITUTION WAS WRITTEN.
I DO THINK EVEN SO-CALLED STRICT CONSTRUCTIONIST HAVE TO RECOGNIZE THAT LIFE HAS CHANGED AND THE REASON ABORTION AND WOMEN MIGHT HAVE BEEN MENTIONED IS BECAUSE IT WAS NEVER EVEN THOUGHT ABOUT THEN .
>> THE INDIAN ATTORNEY GENERAL OFFICE IS APPEALING THIS , HOPEFULLY DIRECTLY TO THE SUPREME COURT.
THEIR HOPE IS THAT IT WILL GO DIRECTLY TO THE SUPREME COURT.
IT SEEMED LIKE A GOOD CHANCE THAT MIGHT HAPPEN SOMETHING LIKE THIS.
THE INDIANA SUPREME COURT IS NOT GET INTO COMPETENT CONVERSATIONAL ISSUES LIKE THIS .
NOT THAT THEY DON'T DO ANY CONTROVERSIAL THINGS, LAST YEAR THEY HAD WHOLE COMMERCIAL LEGISLATOR WHICH IS PRETTY DARN CONTROVERSIAL BUT THIS IS A VERY DIFFERENT LEVEL FROM ALL OF THAT.
DO THINK REALISTICALLY THAT WILL AFFECT THEIR DELIBERATION?
>> AS I HAVE SAID BEFORE, THEY ARE NOT SEALED IN SOME SORT OF MAYONNAISE JAR OR IMPERVIOUS TO ANY KIND OF INPUT FROM SOCIETY AROUND THEM.
THEY ARE LAST TIME I CHECKED ALL LIVING, BREATHING HUMAN BEINGS.
THAT IS NOT TO SAY THAT THEY WILL BE SWAYED BY EXPERT THEY WILL DO THEIR BEST TO INTERPRET THE CONSTITUTION THE BEST THEY POSSIBLY CAN .
>> KUDOS TO HER FOR STEPPING UP AND DOING WHAT A JUDGE IS SUPPOSED TO DO .WHETHER IT IS CALLING BALLS AND STRIKES AS JUSTICE ROBERTS AT THE FEDERAL LEVEL LIKES TO SAY, AT LEAST SHE WAS WILLING TO STEP BEHIND HOME PLATE AND MAKE SOME CALLS .
>> THAT IS INDIANAWEEK IN REVIEW FOR THIS WEEK.
YOU CAN FIND INDIANA WEEK IN REVIEW'S PODCAST AND EPISODES AT WFYI.org/IWIR , OR ON THE PBS VIDEO APP.
I AM BRANDON SMITH OF INDIANA PUBLIC BROADCASTING.
ENJOY THE REST OF YOUR HOLIDAY WEEKEND AND JOIN US NEXT TIME, BECAUSE A LOT CAN HAPPEN IN INDIANA WEEK.
>> THE OPINIONS EXPRESSED ARE SOLELY THOSE OF THE PANELISTS.
INDIANA WEEK IN REVIEW IS A WFYI PRODUCTION

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