INDIANA – Attorney General Todd Rokita’s Office released the following statement on today’s ruling in the Medical Licensing Board v. Planned Parenthood case after the Indiana Supreme Court ruled the state’s near-total abortion ban is constitutional.
“The Indiana Supreme Court has just upheld the abortion laws passed by the Indiana General Assembly. We celebrate this day – one long in coming, but morally justified. Thank you to all the warriors who have fought for this day that upholds LIFE.”
State lawmakers last summer approved a near-total ban on abortion. Exceptions are available only in the first 10 weeks of pregnancy in cases of rape or incest and in the first 20 weeks of pregnancy if needed to save the mother’s life or if the fetus has a fatal abnormality.
The court ruled:
“(Indiana’s constitution) Protects a woman’s right to an abortion that is necessary to protect her life or to protect her from a serious health risk, but the General Assembly otherwise retains broad legislative discretion for determining whether and the extent to which to prohibit abortions.”
“The providers brought a “facial” challenge to the entire law, so they had to show a reasonable likelihood of success in proving there are no circumstances in which any part of Senate Bill 1 could ever be enforced consistent with Article 1, Section 1. Because there are such circumstances, the providers cannot show a reasonable likelihood of success on their facial challenge. We, therefore, vacate the preliminary injunction.”
Opinion Issued_ Vacated and Rema.pdf.
However, even with this ruling, another challenge to the law still prevents the ban from going into effect due to a religious freedom lawsuit that was filed against the state’s near-total abortion ban.
