Indiana Supreme Court upholds ban on public abortion reports

The Indiana Supreme Court ruled that abortion reports cannot be released, and denied the state's appeal in a unanimous decision.

Key Takeaways:

• The state of Indiana settled a lawsuit in 2025, in which the Indiana Department of Health (IDOH) agreed to release state abortion records.

• Abortionists Caitlin Bernard and Caroline Rouse sued to block the release of the reports.

• Multiple courts, culminating in a ruling from the Indiana Court of Appeals, blocked the release of the state's abortion reports.

• The state appealed, but the Supreme Court allowed the lower court decision to stand in a unanimous ruling.

The Backstory:

In May 2024, a pro-life organization called Voices for Life sued the state after it did not release its annual abortion report, which is required under Indiana’s Access to Public Records Act.

IDOH refused to release the records due to confidentiality concerns, though no names or identifying information have been included in past reports.

Voices for Life sued, represented by the Thomas More Society, and argued that it has been viewing the state’s annual abortion records as a way to ensure that all laws and regulations surrounding abortion are followed.

The group further pointed out that, since 2022, it had found nearly 700 instances of probable abortion violations by analyzing the records, and then filed complaints with the state health department and the attorney general’s office over those violations. Attorney General Todd Rokita supported the lawsuit, and issued an advisory opinion stating that the records should be released.

Bernard and Rouse filed their own lawsuit to block the release, and Marion County Superior Judge James Joven ruled in their favor with a temporary injunction. In December of 2025, the Indiana Court of Appeals upheld the injunction.

The Details:

The Indiana Supreme Court refused to overturn the decision from the appeals court, in a unanimous order that ruled abortion reports should be treated as confidential medical records.

“Exposing patients’ medical records to the public is as disturbing as it is unlawful,” Stephanie Toti, the executive director of the New York-based Lawyering Project, which represented Bernard and Rouse, said. “We will continue to stand with our clients and their patients to ensure people’s private medical information is kept out of the hands of anti-abortion activists.”

The attorney general's office said it is reviewing the state's options.

The Bottom Line:

Without the release of the abortion reports, there is a severe lack of accountability for abortionists in Indiana.