Week-old legislation severely limited procedure, likely offended ‘liberty guarantees’ of state constitution, judge says
The Owen county judge, Kelsey Hanlon, issued a preliminary injunction against the ban that took effect a week ago. The injunction was sought by clinic operators who argued the state constitution protects abortion access.
The judge wrote: “There is reasonable likelihood that this significant restriction of personal autonomy offends the liberty guarantees of the Indiana constitution.” The American Civil Liberties Union of Indiana filed the lawsuit on 31 August, arguing the ban would “prohibit the overwhelming majority of abortions in Indiana and, as such, will have a devastating and irreparable impact on the plaintiffs and, more importantly, their patients and clients”.
The office of the state attorney general said the court should uphold the ban, saying arguments against it were based on a “novel, unwritten, historically unsupported right to abortion” in the state constitution.
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