Conservatives keep racking up the points on the scoreboard this week.
In the latest win, the Indiana Supreme Court voted to uphold the state’s near-total abortion ban, ruling that it doesn’t violate the state constitution.
In the 3-2 majority, the court overturned the preliminary injunction blocking the legislation since September.
In his opinion, Justice Derek Molter said that 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 legislation— passed in August 2022— prohibits abortion except in the case of fatal fetal anomaly, serious maternal health risk, or rape. The prior 20-week gestation standard for abortion was enforced while the law was enjoined.
With the new ruling, abortion will be banned in Indiana, with limited exceptions, as soon as August. The ban took effect on Sept. 15 but was blocked a week later by a state circuit court following a lawsuit by pro-abortion providers.
Republican Attorney General Todd Rokita defended the ruling, saying it was “morally justified,” promising to continue protecting unborn babies lives.
Indiana was the first state to ban abortions after the Supreme Court overturned Roe v. Wade last summer, causing liberals to ignite in rage.
However, a second injection remains in effect due to another lawsuit brought by the American Civil Liberties Union of Indiana (ACLU) on behalf of Hoosier Jews for Choice.
The suit claims the abortion ban violates the Religious Freedom Restoration Act (RFRA) adopted in 2015 under then-Republican Gov. Mike Pence. The state is currently appealing both the class-action certification and the injunction, set to be heard by the Indiana Court of Appeals in September.
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