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Indianapolis Star
11-08-2025
- Health
- Indianapolis Star
Indiana court upholds abortion ban in case asking for more health exceptions. Here's why
The Indiana Court of Appeals upheld the state's near-total abortion ban on Aug. 11, ruling that the 2022 law did not violate the "life, liberty, and the pursuit of happiness" clause of the Indiana Constitution. The decision is the latest blow to efforts by reproductive rights advocates seeking to expand abortion access after the Indiana General Assembly banned it except in the case of rape or incest, lethal fetal anomalies or risk to the health and life of the pregnant person. Under the first exception, abortions must be obtained within 10 weeks after fertilization while physicians can perform abortions for lethal fetal anomalies up to 20 weeks post-fertilization. In his opinion, Judge Paul Mathias wrote that while people have a constitutionally protected right to abortion when their life or health is seriously at risk, Indiana's abortion ban already contains those exceptions. Chief Judge Robert Altice and Judge Mary DeBoer concurred. The plaintiffs, abortion providers including Planned Parenthood, had argued the opposite, claiming there are specific circumstances where pregnancy risks someone's health or life without qualifying as an exception to the law. These included circumstances like health conditions where pregnancy would require pausing treatment to protect the fetus or severe mental illness. The providers also challenged how the law required all abortions to be performed by licensed hospitals or their outpatient surgical centers, which the court similarly rejected. The appeal affirms the trial court's ruling, which did not find a health condition that would justify an abortion under the Indiana Constitution that was prohibited by the abortion ban law. More: Indiana has a near-total abortion ban. But hospitals still performed some in 2024 The decision follows another Indiana Court of Appeals ruling in 2024 that allowed a small group of Hoosiers who do not believe life begins at conception to obtain an abortion, citing the state's religious freedom law. However, that ruling only applied to the plaintiffs and does not extend to every person with that belief. That case has since been granted class-action status and has returned to trial court. This story may be updated.
Indianapolis Star
06-08-2025
- Politics
- Indianapolis Star
Reps. Carson, Mrvan slam White House redistricting attempts as their own seats are under threat
Indiana's two Democratic congressmen condemned the Trump administration's mid-decade redistricting efforts, as Vice President JD Vance prepares to talk to state leaders about the potential for redrawing the maps in Indiana. The congressmen, U.S. Rep. André Carson and U.S. Rep. Frank Mrvan, may be targets themselves. Mrvan, whose northwest Indiana district appears to be trending to the right, has already faced well-funded GOP opponents as the national party seeks to flip the district red. In 2024, House Speaker Mike Johnson told IndyStar the seat 'belongs in the Republican column.' Vance is meeting with Gov. Mike Braun and Indiana General Assembly leaders in Indianapolis on Aug. 7, where he's expected to discuss redistricting. But the jury's out on whether Braun, House Speaker Todd Huston and Senate Pro Tempore Rodric Bray will agree, particularly as any redistricting effort would require a special session. Braun has yet to make any commitments. "I'm going to listen and see where they're coming from," Braun told reporters at the Statehouse on Aug. 5. "And again, I'm going to be listening along with the other two leaders in the legislature and everybody's going to probably have a little different point of view." In a statement on Aug. 5, Mrvan called redistricting efforts an attempt to cling to power. 'It's reprehensible to call in the Indiana General Assembly for a special session on redistricting when the communities I represent believe their time would be better spent to discuss initiatives that restore state funds for our local police departments,' he said in the statement. Democrats have held the 1st district seat for nearly a century but faced trouble in 2022 after lines were redrawn. Since then, Mrvan has held onto the seat by a relatively slim margin — winning by almost six percentage points in 2022 and eight percentage points in 2024. Mrvan also called a potential mid-decade redistricting a violation of the Indiana Constitution. It's unclear if the move would in fact be unconstitutional. It is according to a 1995 opinion from the Attorney General's office, but that opinion is not binding. The section of the Indiana Constitution that opinion refers to requires redistricting to be done by state legislators elected during a federal decennial census year — the next of which is 2030. However, it's unclear how that provision applies to congressional districts. Carson told a crowd gathered at the Indianapolis Artsgarden during a 60-year celebration of the Voting Rights Act on Aug. 6 that Trump wants to redraw district lines because he's a 'dictator.' 'Our voting rights are under attack like never before,' Carson said. He also questioned the legality of the efforts, calling the Indiana Constitution 'clear' on when redistricting is done. Unlike Mrvan, Carson represents the bluest district in Indiana. In 2024, he beat his Republican opponent by nearly 30 percentage points. Carson didn't say if he expected his seat to be targeted when asked by IndyStar but said he was in contact with legislators and advocacy groups. 'We're taking a wait-and-see approach,' he said.
Yahoo
06-06-2025
- Politics
- Yahoo
Legislative immunity is an old concept gaining new notoriety
The National Conference of State Legislatures said most state constitutions contain similar immunity from arrest provisions. (Photo from Indiana State Archives) Many Hoosiers recently learned that Indiana has an immunity statute that protects lawmakers from some arrests during the legislative session. The reaction has been surprise and frustration. One social media user posted, 'How have we gotten to the point in this state where our elected leaders are above the law? This is pure insanity & would NEVER be acceptable for the average citizen.' Another reader responded, 'Are they immune from common sense too?' So, I thought I would delve into the provision and explain why it exists and how often it's used. State Sen. Mike Bohacek was pulled over for suspected drunk driving in January and recorded a blood-alcohol content of 0.238%. But the Michiana Shores Republican wasn't charged until this week due to the legislative immunity provision. The first important fact is that no modern-day lawmaker created this exemption, and it basically mirrors a similar provision for federal lawmakers. The National Conference of State Legislatures said most state constitutions contain similar provisions. The state's prohibition is found in Article 4, Section 8 of the Indiana Constitution. 'Senators and Representatives, in all cases except treason, felony, and breach of the peace, shall be privileged from arrest, during the session of the General Assembly, and in going to and returning from the same; and shall not be subject to any civil process, during the session of the General Assembly, nor during the fifteen days next before the commencement thereof.' Indiana's current Constitution was adopted in 1851 with numerous amendments since then. But this portion goes back as far as the state's 1816 constitution before Indiana became a state. Then it was under Article 3. SUPPORT: YOU MAKE OUR WORK POSSIBLE For a long time, there was no definition of breach of the peace in Indiana code but lawmakers in 2021 added one: 'breaking or disturbing the public peace, order, or decorum by any riotous, forcible, or unlawful proceedings, including fighting or tumultuous conduct.' The federal immunity provision is almost exact. Some historical texts indicate the language was created so that lawmakers weren't blocked from being able to vote on a matter or otherwise participate in proceedings. In his Commentaries on the Constitution of the United States, U.S. Supreme Court Justice Joseph Story said this: 'When a representative is withdrawn from his seat by a summons, the people whom he represents, lose their voice in debate and vote, as they do in his voluntary absence. When a senator is withdrawn by summons, his state loses half its voice in debate and vote, as it does in his voluntary absence. The enormous disparity of the evil admits of no comparison. The privilege, indeed, is deemed not merely the privilege of the member, or his constituents, but the privilege of the house also.' The Supreme Court of the United States has interpreted the provision to apply to all crimes, but Indiana has generally seen it used in cases of misdemeanors. Bohacek's case is almost identical to one from 1992 when then-Rep. Keith Bulen was pulled over for drunk driving in January. Police also didn't arrest him due to the immunity clause and he was charged weeks later after session ended. Similar to Bohacek, Bulen refused the breathalyzer test and said a prescribed medicine made him groggy. But Bulen's incident resulted in him hitting an off-duty police officer's car. Bulen's case, though, was not hidden from public view at the time. He was eventually acquitted. In 2002, two northwest Indiana lawmakers — Reps. Charlie Brown and Vernon Smith — used the provision to contest their criminal case. The Gary Post Tribune reported the pair was arrested June 18 on traffic and related offenses. They protested the action and claimed they were shown a lack of respect as elected officials and residents. The legislature was in special session in Indianapolis, although the men were in Gary. They were arrested immediately but the chief of police quickly apologized. The men were charged with obstructing traffic later that year by a special prosecutor. Smith was acquitted but Brown was found guilty. If Hoosiers want to change the constitutional provision they will have to convince lawmakers to start that years-long process because Indiana doesn't allow citizen-initiated constitutional amendments or referendums. It remains to be seen what will happen to Bohacek, including any punishment by leaders of the Senate. Voters have the ultimate say on consequences at the ballot box, but they will have to wait a long time. Bohacek isn't up for election again until 2028. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
03-06-2025
- Health
- Yahoo
Indiana State Senator's OWI charges delayed due to legislative immunity
State Sen. Mike Bohacek faces charges after allegedly stumbling out of his car after drinking alcohol inside his car at a Michigan City Panda Express in January, but the charges were only recently filed because of legislative immunity. The Indiana Constitution states that legislators are 'privileged from arrest' during the legislative session except for treason, felony or breach of the peace. The 2025 legislative session started Jan. 8 and ended April 24, and Bohacek was arrested Jan. 24. Bohacek, R-Michiana Shores, faces misdemeanor charges of operating while intoxicated and two additional misdemeanor OWI charges for a blood alcohol content above 0.15 and endangerment, according to the probable cause affidavit. Porter County Prosecutor Gary Germann was appointed as the special prosecutor in the case. In an email Monday, Germann said the charges have not yet been approved by a judge, but that will likely occur in the next couple of days. He declined to comment further citing the pending litigation. A witness told police officers that Bohacek drank from 'an open container' and stumbled out of his vehicle at Panda Express in Michigan City around 3:30 p.m. Jan. 24, according to the affidavit. When officers arrived, they observed Bohacek with food on his clothes, poor balance and quiet, slow speech. Officers also reported that Bohacek had red, watery and bloodshot eyes and that he staggered from his black Dodge Charger, according to the affidavit. A blood test performed at about 4:30 p.m. Jan. 24 found that Bohacek's blood alcohol content was 0.283, according to the affidavit. Bohacek told police officers he took his prescription Tramadol before driving, according to the affidavit. Tramadol is a synthetic opioid used to treat moderate to moderately severe pain, including pain after surgery, according to the Mayo Clinic. When reached by the Post-Tribune Tuesday, Bohacek expressed surprise that he could be charged months after the fact, but declined to comment further. State Rep. Jim Lucas, R-Seymour, pleaded guilty to two misdemeanor counts of operating a motor vehicle while intoxicated and leaving the scene of an accident in June 2023. Former State Rep. Daniel Forestal, D-Indianapolis, faced charges before his resignation in 2020 for drunken driving. He had also faced charges for battery of a public safety official, resisting law enforcement and disorderly conduct and accusations of using his political campaign's bank account for personal use, like online gambling, in separate events beginning in 2019. Forestal, who was open about his mental health struggles, died in 2021. Responding to a wellness check at an Indianapolis hotel, police found Forestal, 38, deceased. akukulka@
Chicago Tribune
03-06-2025
- Health
- Chicago Tribune
Indiana State Senator's OWI charges delayed due to legislative immunity
State Sen. Mike Bohacek faces charges after allegedly stumbling out of his car after drinking alcohol inside his car at a Michigan City Panda Express in January, but the charges were only recently filed because of legislative immunity. The Indiana Constitution states that legislators are 'privileged from arrest' during the legislative session except for treason, felony or breach of the peace. The 2025 legislative session started Jan. 8 and ended April 24, and Bohacek was arrested Jan. 24. Bohacek, R-Michiana Shores, faces misdemeanor charges of operating while intoxicated and two additional misdemeanor OWI charges for a blood alcohol content above 0.15 and endangerment, according to the probable cause affidavit. Porter County Prosecutor Gary Germann was appointed as the special prosecutor in the case. In an email Monday, Germann said the charges have not yet been approved by a judge, but that will likely occur in the next couple of days. He declined to comment further citing the pending litigation. A witness told police officers that Bohacek drank from 'an open container' and stumbled out of his vehicle at Panda Express in Michigan City around 3:30 p.m. Jan. 24, according to the affidavit. When officers arrived, they observed Bohacek with food on his clothes, poor balance and quiet, slow speech. Officers also reported that Bohacek had red, watery and bloodshot eyes and that he staggered from his black Dodge Charger, according to the affidavit. A blood test performed at about 4:30 p.m. Jan. 24 found that Bohacek's blood alcohol content was 0.283, according to the affidavit. Bohacek told police officers he took his prescription Tramadol before driving, according to the affidavit. Tramadol is a synthetic opioid used to treat moderate to moderately severe pain, including pain after surgery, according to the Mayo Clinic. When reached by the Post-Tribune Tuesday, Bohacek expressed surprise that he could be charged months after the fact, but declined to comment further. State Rep. Jim Lucas, R-Seymour, pleaded guilty to two misdemeanor counts of operating a motor vehicle while intoxicated and leaving the scene of an accident in June 2023. Former State Rep. Daniel Forestal, D-Indianapolis, faced charges before his resignation in 2020 for drunken driving. He had also faced charges for battery of a public safety official, resisting law enforcement and disorderly conduct and accusations of using his political campaign's bank account for personal use, like online gambling, in separate events beginning in 2019. Forestal, who was open about his mental health struggles, died in 2021. Responding to a wellness check at an Indianapolis hotel, police found Forestal, 38, deceased.
