INDIANAPOLIS (WISH) — The Indiana Supreme Court on Friday ruled to lift an order blocking the state’s near-total ban on abortion.
The court overturned a preliminary injunction against the abortion ban on privacy grounds, meaning the ban would be able to go into effect while the lawsuit proceeds.
A separate injunction blocking the ban on religious liberty grounds remains in effect, thus the near-total ban on abortion is still not enforceable.
“This ruling is a bad decision that upholds terrible policy, and Indiana women will be less safe as a result. Full access to reproductive healthcare should be a fundamental right and Hoosier women deserve the autonomy to make these personal decisions with their doctors. Just as I fought against these changes in state law, I will continue to fight at the Statehouse for the restoration of full reproductive healthcare in Indianapolis,” said Indianapolis Mayor Joe Hogsett Friday morning.
A Marion County judge in September agreed to block Indiana’s new abortion ban on grounds it violated the state constitution’s provisions guaranteeing a right to privacy.
The state immediately appealed the ruling and the Indiana Supreme Court agreed to take jurisdiction.
During arguments before the court in January, the ACLU’s Ken Falk argued that previous state supreme court rulings have relied at least in part on Article 1, Section 1 to provide for the expansion of certain rights. Solicitor General Tom Fisher told the court a ruling upholding the injunction would mean there is no limit to what Article 1, Section 1 protected.
The injunction is separate from the underlying lawsuit against the ban, which has yet to go to trial. Additionally, a Marion County judge in December issued an injunction against the abortion ban in a separate lawsuit that challenges the ban on grounds of religious liberty.
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