Indianapolis, Indiana – A challenge to Indiana’s nearly complete abortion ban, which was passed by Republican lawmakers this summer, will be heard by the Indiana Supreme Court on January 19 in one of its most well-publicized cases in recent memory.
After a preliminary injunction was imposed in September, the law is still on hold.
Republican administrations appointed all five of the state’s five judges on the state Supreme Court, who will hear the case. In the autumn, a Republican Owen County judge gave his approval for the law’s interim suspension.
“I think it’s hard to predict how they’re going to rule,” explained Jody Madeira, a law professor at the IU Maurer School of Law.
“When you look at how liberty and autonomy evolve, that includes the right to privacy that encompasses the right to abortion,” she said.
The state Supreme Court is currently hearing a complaint that claims a breach of the Indiana Constitution’s right to privacy.
According to Republican legislative leaders, no new abortion legislation is anticipated to be introduced this session.
“We worked super hard on that over the summer and not dying to go back there,” Senate President Pro Tempore Rodric Bray (R-Martinsville) said in November. “But we’ve got a Supreme Court that’s taking a look at that issue, and it wouldn’t be wise at all for us to take a crack at any changes right now until we know what that ruling is going to be.”
On this subject, state politicians are still sharply divided. “If the Supreme Court does not strike it down, we will continue to oppose the law that’s on the books today,” said State Rep. Carey Hamilton (D-Indianapolis). “A very extreme ban that’s not good for women and families.”
“I’m passionately pro-life,” said State Sen. Liz Brown (R-Fort Wayne). “So hopefully we’ll move forward and we’ll see what the Supreme Court does.”
In December, a lawsuit claiming the ban violates Indiana’s law protecting religious freedom led to the issuance of yet another preliminary injunction against the abortion bill. The challenge that the California Supreme Court is debating this month is unrelated to that case.
