Lawmaker to propose total ban on abortion in Indiana

Jardine Malado Thursday, November 24, 2016

Rep. Curt Nisly is seen in a screen capture of a video from Convention of States Project. | YouTube/Convention of States Project

A conservative Indiana lawmaker has expressed his intention to propose a bill in January that will ban abortion in the state.

State Rep. Curt Nisly said on Wednesday that he plans to file the "Protection of Conception" bill when the General Assembly convenes next year. The bill, if passed, would allow prosecutors to file charges against those who take part in the procedure, the Indy Star reported.

"You would treat the death of an unborn child like you would any other human being," said Nisly. The Supreme Court ruling in Roe v. Wade in 1973, which upheld a woman's right to abortion, may present a challenge to the Republican lawmaker.

"My position is that the Supreme Court is wrong with Roe v. Wade and they don't have jurisdiction in this manner. This is the state of Indiana asserting the powers that are given to them, specifically in the 9th and 10th Amendments of the U.S. Constitution," he added.

Conservative activists have acknowledged that the proposal could face legal challenges but they are hoping that there would be some changes in the lineup of justices by the time the case reaches the Supreme Court.

President-elect Donald Trump had promised that he would appoint pro-life justices to the nation's highest court while his running mate, Indiana Gov. Mike Pence, has repeatedly vowed to overturn Roe v. Wade.

Ken Falk, legal counsel for the American Civil Liberties Union (ACLU) of Indiana, expressed his doubts whether it is possible to overturn the 1973 Supreme Court ruling.

"I'd be surprised if any court would go in and tear down anything that has so clearly and for so long been the law of the land," he said.

Nisly's proposal has not been met with enthusiasm by House Speaker Brian Bosma. "I don't think we should buy a lawsuit, personally," he said, referring to the strong possibility that the bill would be challenged in court and be ruled unconstitutional.

Bosma would be influential in determining whether Nisly's bill would move forward. The House Speaker has the authority to choose committee leaders, including the chairperson of the House Public Policy Committee, which usually deals with legislations related to abortion.