Hill, Curry Again Clash Over Abortion Lawsuit

May 16, 2019

Indiana Attorney General Curtis Hill and Marion County Prosecutor Terry Curry are again clashing over a state abortion lawsuit.

Marion County Prosecutor Terry Curry is often named in lawsuits challenging Indiana anti-abortion laws. That’s because many of the abortions performed in the state are done in his jurisdiction.

In the latest suit – challenging a new law that largely bans a second trimester abortion procedure – Curry wants a city lawyer to represent his office. His argument: he’s named in the case and has the right to bring in outside counsel.

But Attorney General Hill, a Republican, wants to block Curry’s attorney from appearing in the case. He argues state laws are defended by his office, not local prosecutors – even when those prosecutors are technically the ones being sued.

Last year, Curry, a Democrat, wanted to concede a lawsuit challenging a 2018 state anti-abortion law. Hill’s office took up the law’s defense there, too, losing its initial fight in federal court. That case is ongoing.