October 21, 2022

Indiana Supreme Court takes up challenge to law protecting unborn children

By Natalie Hoefer

On Oct. 12, the Indiana Supreme Court agreed to take jurisdiction of a legal challenge by Planned Parenthood and other abortion providers against the state’s new law, known as SB 1, that gives legal protection to nearly all unborn children and ruled to keep in place a temporary injunction on the law.

Passed by the Indiana General Assembly and signed into law by Gov. Eric Holcomb on Aug. 5, SB 1 bans abortion in Indiana except in cases of rape, incest and particular serious medical complications and emergencies. It went into effect on Sept. 15.

A suit by the American Civil Liberties Union on behalf of Planned Parenthood and other abortion providers operating in the state was filed in Bloomington in Monroe County on Aug. 30, claiming the law violated the Indiana State Constitution.

On Sept. 22, the judge hearing the case placed a temporary injunction on the law until a decision was made.

Indiana Attorney General Todd Rokita requested on Sept. 24 that the Indiana Supreme Court bypass the state’s Court of Appeals and take up the case itself. Rokita also asked the court to strike down the temporary injunction.

The court will begin hearing oral arguments on the case on Jan. 12, 2023.

In a statement released on Oct. 12, Right to Life of Indiana CEO Mike Fichter called the decision to leave the temporary injunction in place “deeply” disappointing.

“We are deeply disappointed the Indiana Supreme Court will allow the injunction against Indiana’s new abortion law to remain in effect,” he said. “We estimate at least 3,000 unborn babies, whose lives otherwise might have been saved, will now needlessly die from abortion as the law remains blocked. Thousands more will die as we await a final ruling after the January hearing.

“Although we are confident the law will be upheld, it will be far too late for those whose lives will be lost as this is argued in the courts.” †

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