The Supreme Court of Indiana Wednesday continued a preliminary injunction preventing the enforcement of select provisions of the state’s abortion ban, S.B. 1. Under the ruling, the injunction will continue while the court hears oral arguments in January of next year. The injunction effectively stops the defendants, county prosecutors and members of the Medical Licensing Board of Indiana, from enforcing the law.
S.B. 1 restricts abortion and only allows exceptions if the health and life of the pregnant person is in danger, if the fetus is diagnosed with a lethal fetal anomaly or in instances of rape and incest. A lethal fetal anomaly is defined as a fetus that with reasonable certainty will die within three months of birth. S.B. 1 also requires any legal abortions to occur in hospitals rather than independent clinics and imposes fines up to $10,000 and one to six years in prison for those who perform an illegal abortion.
Plaintiffs include Planned Parenthood Great Northwest, Hawai’i, Alaska, Indiana, Kentucky, Inc., local reproductive health service and information providers and Indiana gynecologist Dr. Amy Caldwell. Plaintiffs argued that S.B. 1 violates several provisions of the Indiana state Constitution, including the right to privacy, anti-discrimination provisions and the against the state’s guarantee of the due course of law.
Governor Eric Holcomb signed the bill into law in August, and it became effective last month.