A federal judge on Monday issued a permanent injunction against a law signed by then-Gov. Mike Pence, R-Ind., that outlaws abortions sought solely because a fetus has been potentially diagnosed with life-debilitating ailments like Down Syndrome.
Pro-abortion advocates have called the law one of the most restrictive in the country and it was suspended last summer as Judge Tanya Walton Pratt ruled it necessary to review the law's provisions to see if they violated the Constitution in any way. She issued a preliminary injunction on Monday and said the law would likely be found unconstitutional.
Pratt concluded, in a 22-page summary, that the state cannot prohibit a woman from making the decision to have an abortion prior to her pregnancy's viability.
"The United States Supreme Court has stated in categorical terms that a state may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability," Pratt wrote in her decision.
"It is clear and undisputed that unless Roe v. Wade and Planned Parenthood of SE Pa. v. Casey are overturned by the United States Supreme Court, this Court is bound to follow that precedent," the decision says.
Under the law, aborted or miscarried fetuses were required to be buried or cremated, and women were given a chance to decide how that would be carried out. The identities of abortion providers were also required to be made public under the statute, and individual doctors could potentially held liable for violating the law's provisions.
Planned Parenthood challenged the law, represented by the American Civil Liberties Union of Indiana, in the U.S. District Court for the Southern District of Indiana. Indiana has 30 days to appeal the ruling.