States brief ~ Indiana high court hears arguments on  "implied consent" abortion law News
States brief ~ Indiana high court hears arguments on "implied consent" abortion law

[JURIST] Leading Tuesday's states brief, the Indiana Supreme Court heard oral arguments today [RP recorded audio] on whether abortion clinics should be allowed to pursue their challenge to the state's abortion "implied consent" law [text], which requires women seeking an abortion to have in-person counseling and then wait at least eighteen hours before having the procedure. An attorney for the abortion clinics argued that the clinics should be allowed to pursue their challenge because privacy is a core right under the state constitution and extends to women seeking to terminate their pregnancies. The state argued that privacy is not a specific right enforceable by the courts, and that the legislature has broad discretion to protect state citizens. The Indiana Court of Appeals ruled [opinion] that the clinics could continue their challenge after determining that privacy is a core issue that extends to all citizens. AP has more.

In other states news …

  • Minnesota Department of Revenue [official website] Commissioner Dan Salomone told a panel of state lawmakers Tuesday that the recent state Supreme Court decision in Hutchinson Technology Inc. v. Commissioner of Revenue [opinion] will cost the state between 250 and 300 million dollars in lost revenue over the next two-year budget cycle. In the ruling the court struck down the Department of Revenue's attempts to deny tax exemptions Hutchinson Technology [official website] sought on income generated by foreign subsidiaries between 1994 and 1998. AP has more.