Overturning Roe v. Wade was Only the Beginning

When it comes to the efforts of anti-abortion activists, “returning the decision to the states” was never the endgame. As evidenced by a newly filed lawsuit by the State of Texas and ongoing litigation against the Indiana Department of Health, the goal is a nationwide ban with the ability to prosecute patients and their providers.

Texas Attorney General Ken Paxton, in a very Rokita-esque move, filed a lawsuit against the federal government challenging a federal rule that protects abortion records of those who left the state to receive abortion care. In the suit, Texas alleges that the Biden administration is “undermining” their law enforcement capabilities. This federal rule is in place exactly for this situation; to protect women who access care in a state where abortion is legal because they live in one where it is not.

In Indiana, a lawsuit filed earlier this year by Voices for Life argues that a terminated pregnancy report (TPR) is a public records, not a medical record. They are suing the Indiana Department of Health and State (IDOH) Commissioner of Health, Dr. Lindsay Weaver after IDOH announced it would no longer provide individual TPRs via public records requests. IDOH cited concerns for medical privacy. Although the names and addresses of patients and providers are redacted, given the small number of abortions being provided in the state, it would not be difficult for activists to identify individuals. IDOH still releases statewide TPR data quarterly and public access attorneys for the State of Indiana have said that is sufficient.

What these actions by Texas and Indiana illustrate is the reinstatement of state-by-state abortion regulation was not the end goal for anti-abortion activists. If it were, patients who leave Texas to seek care would be left alone and patients who lose their pregnancy in Indiana would be left in peace.

Lawmakers such as Rep. Jim Banks of Indiana’s 3rd Congressional district and candidate for the US Senate have publicly expressed a desire for a nationwide ban because, “I am unapologetically pro-life…I support a federal ban…because of states like Illinois that have no pro-life protections for babies or women.”

Texas should have no concerns about their law-enforcement capabilities when it comes to someone’s private healthcare decisions, but their recent filing suggests prosecution is not off the table. In Indiana, activists have used data from TPRs to go after the licenses of individual providers. If the suit from Voices for Life is successful, they would continue that practice and lend their assistance to one of their biggest supporters, Indiana Attorney General Todd Rokita in his pursuit of criminalizing abortion.