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INDIANAPOLIS-Indiana’s Supreme Court Justices heard arguments Thursday on whether to lift a preliminary injunction on the state’s abortion ban.

Lawmakers passed an abortion ban this past summer. The only exceptions where abortion would be allowed are in the cases of rape and incest or if the health of the mother is in jeopardy.  The ACLU challenged the law, saying it violated the state’s right to privacy.

Ken Falk is the Legal Director of the ACLU Indiana. He spoke at the hearing Thursday morning.

“It prohibits healthcare providers from supplying necessary to protect the mental and physical health of all Hoosier women. It will severely injure women and girls,” said Falk.

State Solicitor General Tom Fisher made the pro-life argument.

“Planned Parenthood invites the court to amend the constitution and not to search for the law. Whatever else liberty might mean under Article 1, Section 1, it does not mean abortion. Abortion was prohibited before, during, and again immediately after the period of constitutional adoption,” said Fisher.

Pro-life advocates have pointed out that Indiana’s constitution was written in 1851 and abortion was made illegal.

A Monroe County Judge issued a preliminary injunction in 2022 after the ACLU challenged the law.

The hearing got underway at 9 and lasted about an hour and fifteen minutes.