Indiana Supreme Court keeps state abortion ban on hold

INDIANAPOLIS (AP) — The Indiana Supreme Court issued an order Wednesday that prevents the state from enforcing a Republican-backed abortion ban while it considers whether the ban violates the state constitution.

The court said in the order that it was taking over appeals of a judge’s decision last month that blocked the law a week after it took effect. It denied a request from the state attorney general’s office to set aside the preliminary injunction and scheduled a hearing on the lawsuit filed by abortion clinic operators for Jan. 12.

Owen County Judge Kelsey Hanlon blocked the law from being enforced, writing that “there is reasonable likelihood that this significant restriction of personal autonomy offends the liberty guarantees of the Indiana Constitution” and that the clinics will prevail in the lawsuit.

The ban was approved by the state’s Republican-dominated Legislature on Aug. 5 and signed by GOP Gov. Eric Holcomb. That made Indiana the first state to enact tighter abortion restrictions after the U.S. Supreme Court eliminated federal abortion protections by overturning Roe v. Wade in June.

The five-member Supreme Court, all of whom were appointed by Republican governors, did not explain their decision. The order, signed by Chief Justice Loretta Rush, said “a majority” of the court agreed with its provisions but gave no further details.

The Indiana ban aimed to replace state laws that generally prohibited abortions after the 20th week of pregnancy and tightly restricted them after the 13th week. The ban includes exceptions allowing abortions in cases of rape and incest, before 10 weeks post-fertilization; to protect the life and physical health of the mother; and if a fetus is diagnosed with a lethal anomaly.

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