The Indiana Supreme Court ruled Friday that the state’s abortion ban doesn’t violate the state constitution, removing a major hurdle to enforcing the ban Republicans approved last summer.
The court’s decision overturns a county judge’s ruling that the ban likely violates the state constitution’s privacy protections, which she said are stronger than those found in the U.S. Constitution. That judge’s order has allowed abortions to continue in Indiana since September, despite the ban.
An opinion from three of the court’s five justices said that while Indiana’s constitution provides some protection of abortion rights, the “General Assembly otherwise retains broad legislative discretion for determining whether and the extent to which to prohibit abortions.”
[There’s another challenge moving through the state courts claiming that the ban violates the state’s Religious Freedom Restoration Act (RFRA). That’s a novel argument, but I suspect that the fact that abortion isn’t an actual religious practice will make this unconvincing. We’ll see; sometimes statutory language can create all sorts of weird outcomes. — Ed]
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