The
Indiana
Supreme Court heard arguments Thursday over the state’s abortion ban and whether it is in violation of the state’s constitutional privacy protections after a Republican judge temporarily blocked the law in September.
Abortions are presently allowed in the state since Owen County Circuit Judge Kelsey Hanlon blocked the law from being enforced in September, just one week after the law had taken effect. The Republican-controlled legislature was one of the first to pass stricter abortion restrictions after the landmark
Supreme Court
opinion last summer removed federal protections through its overturning of
Roe v. Wade
.
The challenge centers on a suit brought by the
American Civil Liberties Union
of Indiana that argued Indiana’s near-total abortion ban, which disallows such procedures except in cases of serious medical issues or rape, incest, and so long as they occur before 10 weeks post-fertilization.
JUDGE TEMPORARILY BLOCKS RESTRICTIVE INDIANA ABORTION LAW
Hanlon, a Republican, blocked the state ban from being enforced in the lawsuit that supported abortion clinic operators, noting that “there is reasonable likelihood that this significant restriction of personal autonomy offends the liberty guarantees of the Indiana Constitution” and that there was a likelihood the clinics could prevail in the legal challenge.
The state high court’s five Republican-appointed justices heard arguments Thursday morning from the state attorney general’s office and ACLU of Indiana.
Throughout the nearly one-hour hearing, the justices focused a bulk of the time on Article 1, Section 1 of the
state constitution
, which mentions the right to life. The justices aimed their questions around situations where a mother might need an abortion to save her life.
At one point, Justice Christopher Goff struggled to understand why the providers are suing when they can still provide abortions under the law’s stated exceptions.
Indiana Deputy Attorney General Thomas Fisher also argued the absence of any pregnant woman in the lawsuit makes it “difficult” for a court to rule on the merits of the case, adding that the preliminary injunction on the law should be struck down and end the case entirely.
Ken Falk, an attorney with the ACLU, argued that all Hoosier women deserve the right to make private decisions surrounding procreation. He said if the abortion law is allowed to be enforced, it could lead to death or fatalities for some women in the state.
Chief Justice Loretta Rush asked Fisher whether he believes a total abortion ban without exceptions would be unconstitutional, to which Fisher said he thinks it would be problematic.
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Before the hearing ended, Rush said both parties made an “excellent argument.”
The court has no deadline for releasing its decision, as Rush said Thursday that a decision would be released “in due time.”
