Indiana’s top court weighing challenge to state abortion ban
Family Law
A top state lawyer on Thursday urged the Indiana Supreme Court to uphold the state’s Republican-backed abortion ban, even as the justices weighed whether they should decide its constitutionality before lower courts have fully considered the case.
The state’s highest court heard arguments in a lawsuit filed by abortion clinic operators against the ban, which has been blocked from being enforced since September when a county judge found it likely violated privacy protections under the state constitution.
Indiana became the first state to enact tighter abortion restrictions after the U.S. Supreme Court eliminated federal protections by overturning Roe v. Wade in June.
The arguments being made before the Indiana justices come after the top courts in two other conservative states went in opposite directions on similar state constitutional challenges to their abortion bans; South Carolina’s ban was struck down and Idaho’s was upheld.
Indiana Chief Justice Loretta Rush asked whether the Supreme Court should now decide the constitutionality of the abortion ban since it has been blocked by a judge’s preliminary injunction order — a legal step taken without a full trial on the merits of the lawsuit.
State Solicitor General Tom Fisher said a Supreme Court decision on constitutionality was needed to settle the dispute.
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