Marion County judge declines to expand injunction in second abortion case
Marion County judge declines expand abortion injunction
INDIANAPOLIS (WISH) — A Marion County judge declined to expand an injunction in a second lawsuit challenging Indiana’s new near-total ban on abortion.
Judge Heather Welch issued her decision on Monday, the same day the Indiana Supreme Court cleared the way for the law to take effect.
Welch said she could not expand the injunction she’s already issued, because the case is pending before the Court of Appeals.
Welch issued an injunction in December, blocking enforcement of the abortion ban on the women listed in the lawsuit.
The women, under the name Hoosier Jews for Choice, sued claiming the new law violates the state’s religious freedom law.
The group had asked Judge Welch to expand her injunction to cover any woman who might be part of the class action lawsuit and abortion providers.
The Indiana Supreme Court allowed enforcement of the law to begin Monday.
The state’s highest court announced it had denied a rehearing on its June 30 decision on the abortion restrictions.
The vote was 4-1.
The Supreme Court’s ruling in June recognized for the first time a right under the Indiana Constitution for a woman to terminate a pregnancy to save her life or protect her health.
Two of the five justices expressed concerns about whether the new law violates that right.
The law bans abortion in the state of Indiana with three exceptions.
The first exception allows any woman up to 10 weeks into pregnancy in cases of rape or incest to have the procedure. The second allows any woman up to 20 weeks into pregnancy in cases of fatal fetal anomalies to have the procedure. The third exception allows the procedure in the case it prevents the mother’s death.