Indiana Supreme Court allows abortion law injunction to stand, sets January hearing
INDIANAPOLIS (WISH) — The Indiana Supreme Court has agreed to take immediate jurisdiction in the legal fight over the state’s new abortion law.
The state’s highest court granted a request by Attorney General Todd Rokita to skip the Court of Appeals.
The court also rejected a request to lift an injunction blocking enforcement of the law.
A special judge issued an injunction blocking enforcement of the ban just days after it took effect Sept. 15.
The law, passed in August by a special session of the General Assembly, bans abortions in the state with exceptions for rape, incest, fatal fetal anomalies and the life and health of the mother.
The Supreme Court will hear oral arguments on the injunction in January.
A Marion County judge is scheduled to hear arguments Friday on another potential injunction in a second abortion lawsuit.
That suit, filed by the ACLU of Indiana on behalf of the group Hoosier Jews for Choice, claims the new abortion law violates the state’s freedom act.
Statements
“We are deeply disappointed the Indiana Supreme Court will allow the injunction against Indiana’s new abortion law to remain in effect pending appeal. We estimate at least three thousand unborn babies, whose lives otherwise might have been saved, will now needlessly die from abortion as the law remains blocked. Thousands more will die as we await a final ruling after the January hearing. Although we are confident the law will be upheld, it will be far too late for those whose lives will be lost as this is argued in the courts.”
Mike Fichter, chief executive officer of Indiana Right to Life
“It is a tremendous relief to know that abortion will remain accessible and legal in Indiana while we continue to fight this ban in court. Since the reversal of Roe, Indiana has become a critical state for abortion care in the region. We hope that the Indiana Supreme Court agrees with the lower court that the Indiana Constitution ensures that Hoosiers have the right to access abortion. What matters most is that Hoosiers will continue to be able to maintain control over their own bodies, families, and futures without aggressive and dangerous interference from lawmakers.”
Joint statement from leaders from Planned Parenthood Federation of America; Planned Parenthood Great Northwest, Hawai‘i, Alaska, Indiana, Kentucky; American Civil Liberties Union of Indiana; Whole Woman’s Health Alliance; All-Options; the Lawyering Project; and Women’s Med