Indiana Supreme Court upholds abortion ban, but leaves door open for other legal challenges
Indiana’s near-total abortion ban that prohibits the procedure with only narrow exceptions will go back into effect after the Indiana Supreme Court upheld the law Friday. But justices left open the possibility for other challenges in the future.
In a split decision, the high court nixed a preliminary injunction that has kept the ban on-hold since September.
Justices opined that the plaintiffs — which included Planned Parenthood and multiple other health care providers — unsuccessfully brought a “facial” challenge to the entire law, alleging that the abortion ban is always unconstitutional and should therefore be voided.
The state Supreme Court said the providers “cannot show a reasonable likelihood of success” with that challenge, however.
” … we hold that Article 1, Section 1 (of the Indiana Constitution) protects a woman’s right to an abortion that is necessary to protect her life or to protect her from a serious health risk, but the General Assembly otherwise retains broad legislative discretion for determining whether and the extent to which to prohibit abortions,” Justice Derek Molter wrote in the ruling.
https://indianacapitalchronicle.com/2023/06/30/indiana-supreme-court-upholds-abortion-ban-but-leaves-door-open-for-other-legal-challenges/
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