ICLU to appeal ruling on abortion counseling law

INDIANAPOLIS -- Attorneys for Indiana abortion providers plan to appeal a court ruling that found a state law requiring women to get in-person counseling before an abortion constitutional.\nA three-judge panel of the federal 7th Circuit Court of Appeals in Chicago last week ruled 2-1 that the law is constitutional, overturning an injunction issued by U.S. District Judge David Hamilton in March 2001.\nKen Falk, attorney for the Indiana Civil Liberties Union, said a petition for a full hearing with all 11 appeals court judges in Chicago will be filed by Monday.\nIf the request is denied, attorneys for the abortion clinics that challenged the law then would have to decide whether to seek a review by the U.S. Supreme Court.\nThe law in question requires women seeking abortions to be counseled in person about the risks and alternatives 18 hours before the procedure, except in cases of medical emergencies.\nCurrently, women can get information about the procedure over the telephone.\nSeven abortion clinics and an abortion doctor challenged the law in federal court, saying it violates women's civil rights.\nThe clinics are in Indianapolis, Fort Wayne and South Bend.\nIn his 2001 ruling, Hamilton agreed the law placed an undue burden on women by forcing two trips to a clinic.\n"Mandatory delay requirements serve no actual health purpose and prevent many women -- particularly those with the fewest financial resources -- from obtaining abortions altogether," said Simon Heller, lead attorney on the case for the Center for Reproductive Law and Policy in New York.\nIn its opinion last week, the appeals court said that women in Indiana do not face an obstacle in visiting a clinic twice, in part because the law has an emergency clause to cover any kind of physical or psychological risk to the woman.