State Rep. Curt Nisly said Wednesday he will file so-called "Protection at Conception" legislation when the General Assembly convenes in January.
Under his proposal, all abortions would be a crime and prosecutors could file charges against those who participate in the procedure.
“You would treat the death of an unborn child like you would any other human being,” the Goshen Republican said.
The measure would almost certainly be ruled unconstitutional. The U.S. Supreme Court's 1973 ruling in Roe v. Wade and subsequent decisions have effectively established a woman’s right to an abortion before viability of the fetus.
“My position is that the Supreme Court is wrong with Roe v. Wade,” Nisly said, “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.”
In situations in which a high-risk pregnancy endangers a woman’s life, he said the proposal would demand that a doctor try to save both mother and child.
“The idea here is always, always try to save the baby,” Nisly said.
Conservative activists emboldened by President-elect Donald Trump's decisive victory in Indiana are already rallying behind the measure. While they acknowledge the proposal would face legal challenges, they're holding onto hope that the composition of the bench could change before the case reaches the Supreme Court.