Indiana asks appeals court to allow enforcement of new abortion law
INDIANAPOLIS (WISH) — The state attorney general’s office has asked the state court of appeals to block a special judge’s order and allow Indiana’s new near-total ban on abortion to be enforced.
The filing, dated Thursday, asks for the court to issue a stay on a preliminary injunction issued last week by Special Judge Kelsey Hanlon.
Hanlon’s order blocked enforcement of the abortion ban that took effect on Sept. 15. The order also allowed abortions to be performed at abortion clinics in the state.
- The Satanic Temple files lawsuit over Indiana’s near-total abortion ban
- Abortion service providers say fight over ban confuses clients
The American Civil Liberties Union of Indiana had sued on behalf of abortion providers, arguing the new law violated state constitutional protections for the right to privacy and equal privileges.
“Under binding precedent, any constitutional right protected by Section 1, which is likely not even enforceable, must be rooted in the constitutional ‘text and history,’” the attorney general’s office argues in the new filing. “Neither, however, recognizes abortion rights.”
The court of appeals set a deadline of Oct. 3 for the ACLU to respond before a decision would be issued.
Attorney General Todd Rokita has also asked the Indiana Supreme Court to immediately take up the case.
Previous coverage
- Indiana appeals judge’s order blocking state’s abortion ban
- Groups react as judge blocks enforcement of Indiana’s near-total abortion ban
- Mears: Rokita doesn’t represent Marion County interests in abortion debate
- Indiana’s abortion ban becomes law
- Advocate: Abortion ban to dangerously impact trafficking victims
- Breyer warns justices that some opinions could ‘bite you in the back’