Abortion Ban Expansion – Targeting Medication Abortion (SB 236)

SB 236 would expand Indiana’s abortion ban by cracking down on abortion-inducing drugs and creating a lawsuit-driven enforcement scheme targeting these medications and those accused of distributing them from outside the state. The bill adds a new chapter to the abortion ban that broadly prohibits manufacturing, distributing, possessing, prescribing, mailing, transporting, delivering, or otherwise providing abortion-inducing drugs to or from anyone in Indiana outside of the state’s narrow exceptions. It specifically covers common abortion-inducing drugs (e.g., mifepristone and misoprostol) as well as off-label use.

SB 236 repeatedly uses personhood-style language by referring to an “unborn child,” setting a concerning standard that can be used to attack other forms of reproductive health in the future. The bill also deputizes private individuals and estranged biological parents to enforce the ban through civil actions, creating a system of bounty-style enforcement, which includes wrongful-death and qui tam lawsuits (lawsuits where private individuals sue on behalf of the government). It specifies that successful lawsuits could result in severe damages and fees paid by anyone who violates the new chapter ($100,000 per violation) with a 20-year window to sue. The bill also includes language designed to insulate itself from legal challenges, including stripping courts of power to hear certain claims and forcing challengers to pay the other side if they lose.

We strongly oppose SB 236 because it expands Indiana’s abortion ban through broad language that endangers pregnant people, encourages private bounty-style enforcement, and creates new barriers to block legal accountability. It ignores the need to improve patient safety and would deter providers from offering care, including in emergencies and legally allowable situations.