Judge Keeps Dismemberment Abortions Legal in Indiana, 27 Babies Died Having Their Limbs Torn Off

State   |   Steven Ertelt   |   Jun 28, 2019   |   7:21PM   |   Indianapolis, Indiana

Federal judge Sarah Evans Barker, issued a preliminary injunction in the abortion industry’s favor, allowing dismemberment abortions in Indiana. The American Civil Liberties Union, on behalf of abortion practitioners, sued to stop the dismemberment ban from taking effect July 1.

This spring, Indiana lawmakers banned the barbaric dismemberment abortion procedure in House Enrolled Act (HEA) 1211. Gov. Eric Holcomb signed HEA 1211 on Apr. 25. The ACLU just hours after Indiana Gov. Eric Holcomb signed a law banning the barbaric practice.

The dismemberment procedure is typically used for second-trimester abortions and involves pulling a fully alive unborn baby apart limb by limb.

“It’s disgusting that the abortion industry can simply overturn a law they dislike by filing a lawsuit,” said Mike Fichter, President and CEO of Indiana Right to Life. “Dismemberment abortions are painful and barbaric. No baby deserves this horrific death sentence. We urge the state to appeal the ruling.

“If appealed, we believe the dismemberment ban will be found constitutional. In 1995, Indiana passed an informed consent law. It was tied up in the courts for years, but it was found constitutional and encouraged a decrease in the abortion rate. Similarly, once the dismemberment ban goes into effect, it will save Hoosiers’ lives.”

The dismemberment abortion ban, Indiana House Bill 1211, allows abortionists to be charged with a felony if they abort an unborn baby by tearing the baby limb from limb while their heart is beating. These types of abortion procedures are common in the second trimester when unborn babies are nearly fully formed. Indiana government data indicates the method was used to kill 27 babies in 2017.

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Pro-life lawmakers described dismemberment abortions as horrific and inhumane. State Sen. Liz Brown, the sponsor in the Senate, told her fellow lawmakers about the gruesome, “barbaric” way unborn babies often are aborted in the second trimester, The NWI Times reports. She said abortion doctors use a clamp “to reach into the woman’s uterus and snap off the limbs of the baby so those body parts can be easily removed.”

“It is constitutionally appropriate for Hoosiers to decide that it is not necessary to dismember a baby in order to preserve a woman’s constitutional right to privacy,” Brown said, previously.

Several other states recently passed laws to protect unborn babies from being ripped apart in their mothers’ wombs. Alabama and Kentucky are fighting legal battles with the abortion industry to defend their laws.

Dismemberment abortion is a procedure in which the abortionist first dilates the woman’s cervix and then uses steel instruments to dismember and extract the baby from the uterus. The procedure is usually performed between 11 and 24 weeks LMP, when the baby is somewhere between the size of a lemon and a cantaloupe.

By 11 weeks, unborn babies already have fingers and toes, heartbeats and detectable brain waves. They can respond to touch, yawn, suck their thumbs and even show signs of being right or left handed.

The Dismemberment Abortion Ban is built in part on the U.S. Supreme Court precedent set in Gonzales v. Carhart (2007), which upheld the federal Partial-Birth Abortion Ban and scaled back the scope of Roe v. Wade. In its opinion, former Justice Anthony Kennedy, a swing vote on abortion, described what occurs in a D&E abortion: “[F]riction causes the fetus to tear apart. For example, a leg might be ripped off the fetus… No one would dispute that for many, D&E is a procedure itself laden with the power to devalue human life.”

Judge Evans Barker also recently gave the abortion industry a victory when she sided with Whole Woman’s Health Alliance (WWHA), a Texas-based abortion chain. Evans Barker’s decision allows WWHA to do abortions in South Bend, Ind. without being licensed and inspected, putting Hoosier women at risk.