Judge grants preliminary injunction blocking Indiana abortion law

Under the injunction, Indiana’s previous abortion law will stand, which allows abortion up to 20 weeks.
(USAF / Joshua Magbanua)
Published: Sep. 22, 2022 at 9:42 AM EDT
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(WPTA and Indiana Capital Chronicle) - An Owen County judge granted a preliminary injunction blocking Indiana’s abortion ban on Thursday.

On Sept. 15, Indiana became the first state to pass an abortion ban after the Supreme Court overturned Roe v. Wade in June. The ban, S.B. 1, includes limited exceptions: in cases of rape, incest, and to protect the life and physical health of the mother. It also allows abortions if a fetus is diagnosed with a lethal anomaly.

The ACLU filed a lawsuit on behalf of abortion clinic operators on Aug. 30 seeking to block the ban, arguing that the state constitution protects access to the medical procedure.

Judge Kelsey Hanlon, the special judge in the case, has ruled that the public interest would be disserved if the injunction isn’t granted. Hanlon, a Republican, issued the ruling on Thursday after hearing arguments on the case on Monday in Monroe County.

BACKGROUND: Indiana abortion clinics sue to block ban set to take effect - Special Session for proposed abortion ban begins

Hanlon also wrote that the temporary pause on the ban will last “long enough for the court to address the issue on the merits.”

Under the injunction, Indiana Capital Chronicle reports that the state’s previous abortion law will stand, which allows abortion up to 20 weeks. It also means abortion clinics can again perform the procedure.

Attorney General Todd Rokita issued the following statement on the injunction: “We plan to appeal and continue to make the case for life in Indiana. Our office remains determined to fight for the lives of the unborn, and this law provides a reasonable way to begin doing that.”

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