Indiana appeals court upholds injunction on release of abortion reports

An Indiana appeals court has upheld the ruling of a judge that blocked the Indiana Health Department from releasing its annual Termination of Pregnancy Reports (TPR), which have for years provided vital data as to the number and methods of abortions being committed in the state.

Key Takeaways:

• The Indiana Court of Appeals declined to overturn the lower court's block on the release of the state's abortion reports.

• The reports have been used for decades by pro-life watchdog Voices for Life to ensure that the state's abortion laws are being followed.

• The release of the reports was challenged in a lawsuit by abortionists Caitlin Bernard and Caroline Rouse, who claim the reports, which contain no identifying information, violate patient privacy rights.

The Details:

The three-judge panel on the Indiana Court of Appeals affirmed the lower court ruling of Superior Judge James Joven, who issued a preliminary injunction against the TPR's release in March. That ruling came after Indiana abortionists Caitlin Bernard and Caroline Rouse filed a lawsuit to suspend the release of the reports in February.

"Defendants contend that TPRs are not patient medical records because they do not include the patient's name. But the absence of a patient's name from a TPR does not make it something other than a patient medical record, just as the absence of a driver's name from a Bureau of Motor Vehicles driving record does not make it something other than a driving record," said Appeals Judge L. Mark Bailey on behalf of the court.

Bernard and Rouse issued a statement praising the court's ruling.

“Doctors cannot provide safe, ethical care when patients’ personal health information is at risk of being exposed,” their statement said. “This decision strengthens the safeguards that allow us to continue to provide evidence-based reproductive healthcare. We will continue to stand against any state or federal attempts to undermine the rights of patients and the doctors who care for them.” 

The Backstory:

The ruling is the latest in a back-and-forth saga that has seen the pro-life organization Voices for Life fighting for the release of the records, against the wishes of the abortion industry.

Prior to the lawsuit filed by Bernard and Rouse, Voices for Life, which utilizes the reports to ensure abortion laws are being followed, reached a settlement agreement with the state, in which the state agreed to release information about the abortion procedures being committed while omitting any information that could be construed as identifying the patient involved.

In January, Indiana Governor Mike Braun also expressed his wish for the TPRs' release, issuing an executive order calling for the Indiana Department of Health to release the reports.

Ironically, though abortionists Bernard and Rouse have been fighting the TPRs on the pretense that they violate patient privacy, Bernard was disciplined by the state Medical Licensing Board, fined, and formally reprimanded for violating a 10-year-old rape victim's privacy by sharing the girl's story with the press.

Why It Matters:

TPRs provide important information as to the number and type of abortions being committed, without revealing any identifying information. They have been used for years by Voices for Life to ensure that state laws are being followed surrounding abortion.

Thomas Olp, Executive Vice President at Thomas More Society, which represented Voices for Life, explained the significance of the reports in an appellate brief in May.

“Terminated Pregnancy Reports provide transparency and accountability to safeguard the health and safety of women and children in the state of Indiana. These reports have been publicly accessible for decades and serve the purpose of protecting women, ensuring that the abortion industry cannot evade scrutiny," Olp said. "Voices for Life has a right to review these public reports and continue their much-needed role as a watchdog over the Hoosier State’s abortion industry."

The Bottom Line:

Women in the state of Indiana deserve the full protection of the law, and the abortion reports are one way to ensure that state laws surrounding abortion are indeed being followed.