After Indiana abortion laws changed, a judge is weighing a bid to block the state's new ban.
Indiana's new near-total ban on abortion law took effect Thursday as reproductive rights groups continue to challenge the bill in state court.A top state lawyer derided arguments that Indiana's new abortion ban violates the state constitution, saying Monday that opponents of the ban are trying to invent a state right to privacy.
State Solicitor General Thomas Fisher told the judge that "too many leaps" were needed in legal arguments that abortion was protected under an Indiana constitutional right to privacy when that word isn't mentioned in the document. He argued that a ban was in place when the constitution was drafted in 1851.
The ban, which includes limited exceptions, was approved by the state's Republican-dominated Legislature on Aug. 5 and signed by GOP Gov. Eric Holcomb. That made Indiana the first state to enact tighter abortion restrictions since the U.S. Supreme Court eliminated federal abortion protections by overturning Roe v. Wade in June.
Falk asked the judge to restore the state's previous abortion laws, which generally prohibited abortions after the 20th week of pregnancy and tightly restricted it after the 13th week. The Indiana ban includes exceptions allowing abortions in cases of rape and incest before the 10th week of pregnancy; to protect the mother's life and physical health; and if the fetus is diagnosed with a lethal anomaly.
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