Indiana judge won’t block probe over 10-year-old’s abortion

  • Comments
  • Print
Listen to this story

Subscriber Benefit

As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
This audio file is brought to you by
0:00
0:00
Loading audio file, please wait.
  • 0.25
  • 0.50
  • 0.75
  • 1.00
  • 1.25
  • 1.50
  • 1.75
  • 2.00

An Indiana judge on Friday rejected an attempt to block the state’s Republican attorney general from continuing his office’s investigation of an Indianapolis doctor who has spoken publicly about providing an abortion to a 10-year-old rape victim who traveled from Ohio after its more-restrictive abortion law took effect.

The ruling comes two days after the attorney general’s office asked the state medical licensing board to discipline Dr. Caitlin Bernard, alleging she violated state law by not reporting the girl’s child abuse to Indiana authorities and broke patient privacy laws by telling a newspaper reporter about the girl’s treatment.

That account sparked a national political uproar in the weeks after the U.S. Supreme Court overturned Roe v. Wade in June, with some news outlets and Republican politicians suggesting Bernard fabricated the story and President Joe Biden nearly shouting his outrage over the case during a White House event.

Bernard filed a lawsuit against state Attorney General Todd Rokita last month, arguing his office was wrongly justifying the investigation with “frivolous” consumer complaints submitted by people with no personal knowledge about the girl’s treatment. Bernard and her lawyers maintain the girl’s abuse had already been reported to Ohio police before the doctor ever saw the child.

Marion County Judge Heather Welch turned down Bernard’s request for an injunction blocking the investigation, saying the medical licensing board now had jurisdiction over the matter since the attorney general filed the complaint on Wednesday.

Welch, however, found that Rokita wrongly made public comments about investigating Bernard before the complaint was filed. Welch wrote that Rokita’s statements “are clearly unlawful breaches of the licensing investigations statute’s requirement that employees of the Attorney General’s Office maintain confidentiality over pending investigations until they are so referred to prosecution.”

Bernard’s lawyers did not immediately comment on Friday’s ruling.

Please enable JavaScript to view this content.

Editor's note: You can comment on IBJ stories by signing in to your IBJ account. If you have not registered, please sign up for a free account now. Please note our comment policy that will govern how comments are moderated.

2 thoughts on “Indiana judge won’t block probe over 10-year-old’s abortion

  1. Here’s the real news regarding this case: Judge Welch found that Attorney General Todd Rokita wrongly made public comments about his investigation before the complaint was filed, and that Rokita’s statements “are clearly UNLAWFUL breaches of the licensing investigations statute’s requirement that employees of the Attorney General’s Office maintain confidentiality over pending investigations until they are so referred to prosecution.”

    Maybe Rokita’s action in this case should be reviewed by his profession’s licensing board for disciplinary action.

Get the best of Indiana business news. ONLY $1/week Subscribe Now

Get the best of Indiana business news. ONLY $1/week Subscribe Now

Get the best of Indiana business news. ONLY $1/week Subscribe Now

Get the best of Indiana business news. ONLY $1/week Subscribe Now

Get the best of Indiana business news.

Limited-time introductory offer for new subscribers

ONLY $1/week

Cancel anytime

Subscribe Now

Already a paid subscriber? Log In

Get the best of Indiana business news.

Limited-time introductory offer for new subscribers

ONLY $1/week

Cancel anytime

Subscribe Now

Already a paid subscriber? Log In

Get the best of Indiana business news.

Limited-time introductory offer for new subscribers

ONLY $1/week

Cancel anytime

Subscribe Now

Already a paid subscriber? Log In

Get the best of Indiana business news.

Limited-time introductory offer for new subscribers

ONLY $1/week

Cancel anytime

Subscribe Now

Already a paid subscriber? Log In