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The Supreme Court sent the litigation back down to the lower court, which will allow the judge to consider other legal arguments against the abortion ban.
Legislation that bans most abortions in Indiana does not violate the state Constitution’s right to privacy and can go into effect, according to a Friday ruling from the Indiana Supreme Court, but litigation against the law is still ongoing.
The state law, which the Republican majority passed last summer, prohibits most abortions during all stages of pregnancy. There is an exception for cases of rape and incest, which will be legal up to 10 weeks after fertilization, as well as an exception for the life of the mother up to 20 weeks.
Planned Parenthood and other pro-abortion organizations filed a lawsuit to block the state from enforcing the law, arguing that it violates the Indiana Constitution’s right to privacy. In September of last year, a lower court ruled that the abortion ban likely violated privacy rights and issued an injunction that prevented the law from going into effect. Friday’s Supreme Court ruling reverses that decision and will allow the law to go into effect.
The Supreme Court only acknowledged a constitutional right to an abortion in a very limited circumstance: when the life of the mother is at risk. In other circumstances, it found that abortion policy is up to the discretion of lawmakers.
Continued below.
www.ncregister.com
Legislation that bans most abortions in Indiana does not violate the state Constitution’s right to privacy and can go into effect, according to a Friday ruling from the Indiana Supreme Court, but litigation against the law is still ongoing.
The state law, which the Republican majority passed last summer, prohibits most abortions during all stages of pregnancy. There is an exception for cases of rape and incest, which will be legal up to 10 weeks after fertilization, as well as an exception for the life of the mother up to 20 weeks.
Planned Parenthood and other pro-abortion organizations filed a lawsuit to block the state from enforcing the law, arguing that it violates the Indiana Constitution’s right to privacy. In September of last year, a lower court ruled that the abortion ban likely violated privacy rights and issued an injunction that prevented the law from going into effect. Friday’s Supreme Court ruling reverses that decision and will allow the law to go into effect.
The Supreme Court only acknowledged a constitutional right to an abortion in a very limited circumstance: when the life of the mother is at risk. In other circumstances, it found that abortion policy is up to the discretion of lawmakers.
Continued below.
Indiana Supreme Court: Abortion Ban Does Not Violate State Constitution
The Supreme Court sent the litigation back down to the lower court, which will allow the judge to consider other legal arguments against the abortion ban.
