Indiana’s abortion ban is in court – and here’s where the state’s cases stand now

Indiana’s abortion ban is in court – and here’s where the state’s cases stand now

top line

Indiana’s abortion ban was outlawed in court Thursday just one week after it went into effect, as abortion providers filed a series of lawsuits aimed at halting statewide bans that went into effect or were enacted after the U.S. Supreme Court overturned the U.S. Supreme Court. Roe v. valley.

key facts

Indiana: A state judge suspended the state’s near-total abortion ban while the lawsuit against him was moving, after the law was enacted in August and took effect on September 15, ruling that there was a “reasonable possibility” that the law violated Indiana law. constitution.

Ohio: A state judge has temporarily halted a six-week abortion ban in Ohio until at least October 12 so he can make a permanent decision on the law’s ban β€” after the state Supreme Court previously denied a request to halt the ban on July 1 β€” after initially, the courts allowed the long-running ban. Six weeks to go into effect hours after Roe v. Wade was dismissed on June 24.

West Virginia: A state judge halted the state’s abortion ban before Roe on July 18 as the lawsuit against him continued, with the judge siding with abortion providers who argued that the 19th century law conflicts with recent state-imposed abortion measures β€” but abortion is now banned again in the state after That lawmakers passed a new, near-total abortion ban and Governor Jim Justice (right) signed it into law on September 16.

North Dakota: A state judge issued an injunction blocking enforcement of the state’s August 25 abortion ban β€” even though the state’s only abortion clinic, which brought the lawsuit, has already exited the state β€” having previously issued a temporary restraining order in July Delayed law enforcement.

South Carolina: The state Supreme Court temporarily blocked a six-week abortion ban on August 17, siding with abortion providers who argued the law violated the state constitution, though lawmakers are now trying to pass new legislation that would likely only ban abortion after six weeks, but tighten restrictions .

Idaho: The Idaho Supreme Court ruled Aug. 13 that a state law banning nearly all abortions could take effect Aug. 25 as an abortion provider’s lawsuit goes forward — though a federal judge separately set a trigger law to allow Abortion in the case of all medical abortions. Emergencies – He also allowed a six-week ban to take effect allowing lawsuits to be brought against anyone who aids and abets an abortion.

Wyoming: A state judge issued a preliminary injunction on August 10 banning state law, which bans all abortions in the state except for rape, incest and medical emergencies, having previously held the law for only two weeks, siding with abortion providers who argued Kahn The law is overly vague and its ruling “lacks any guidelines” for providers who are not sure if their patient can legally have an abortion.

Kentucky: A state judge issued a restraining order on June 30 that banned both a blanket state ban on abortion and a separate ban on the procedure nearly six weeks later, and although the court first extended the ban on July 22, a court ruled Appeal in August. 1 that the ban could apply again as the challenge progresses.

Louisiana: The state was the first in which abortion law was outlawed in court on June 27, and the law has been in effect since then; It was briefly reinstated on July 8 before being banned again, and the law has now been reinstated by the Court of Appeals.

Utah: The trigger law was blocked in the state on June 27 after it went into effect hours after the Supreme Court ruling, with abortion providers arguing that the law violated the state constitution, and a judge ruling on July 11 that it should remain banned as the case progressed.

Mississippi: State Judge Debra K. They showed the ban was causing them “irreparable harm,” and the abortion clinic that brought the lawsuit dropped the challenge because the clinic closed.

What to watch

More judgments and lawsuits issued by state courts. Abortion providers and Democratic politicians have also sued the abortion ban in Wisconsin and Oklahoma that has gone into effect or is scheduled to go into effect in Roe’s absence, and these challenges remain outstanding. Iowa Governor Kim Reynolds (right) also asked a state court to bring the six-week ban back into effect, leading to a legal battle over that law.

critical quote

β€œEvery extra day, every extra hour we can prevent the ban, makes a huge difference for patients in the waiting room,” Nancy Northup, CEO of the Center for Reproductive Rights, told reporters on July 1, saying the immediate priority for caregivers is maintaining access to abortion. in the states “for as long as possible”.

Contra

While state courts are increasingly outlawing abortion bans, federal courts are allowing other states to ban. In addition to Ohio, Georgia and South Carolina, the judges in TennesseeIndiana, North Carolina and Alabama have so far allowed statewide bans and restrictions on the procedure to be reinstated, having previously banned them when Roe was still the law of the land and abortion was legal at the federal level. A federal judge in Idaho’s ruling blocked the state’s launch law in part in response to a lawsuit from the Biden administration, which argued that it conflicts with federal law, but only because the law relates to abortion during medical emergencies.

the shadow

A Florida judge briefly halted the state’s 15-week abortion ban, which had been enacted and challenged in court prior to the Supreme Court’s decision. The law went into effect July 1 until a written order was issued by Lyon County Judge John Cooper on July 5, although Cooper said during a June 30 hearing that he intended to block the law. Cooper’s order was only in effect for a few minutes, however, as the Florida government immediately appealed the decision, which automatically put Cooper’s order on hold until another decision could be made on whether or not it should be brought back into effect. This means that the 15-week ban is still in effect for now. Florida Republicans passed the law despite the fact that the Florida Supreme Court upheld abortion rights in the state constitution, and abortion rights advocates fear that the state court will overturn this precedent and give the state authorization to ban abortion.

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main critic

State officials whose laws are being challenged have committed to banning abortion. β€œWe are fully prepared to defend these laws in our state courts, just as we have done in our federal courts,” Louisiana Attorney General Jeff Landry said in a statement, accusing abortion providers of using β€œintimidation tactics,” and Utah AJ Sean Reyes. . said The Salt Lake Tribune Prior to banning state abortion law, his office “would do its duty to defend state law against any and all potential legal challenges.”

main background

The U.S. Supreme Court overturned Roe v. Wade on June 24, giving states permission to block the procedure entirely as judges declared the landmark 1973 decision “flagrantly wrong.” The court ruling has led to abortion bans in 13 states, and the pro-abortion Guttmacher Institute in 26 states will ban or severely restrict the procedure. While abortion is now prohibited by federal law, the focus of abortion providers is now to target prohibition in state courts, arguing that even if the US Constitution does not protect abortion rights, they are still protected by state constitutions, and thus can despite US Supreme Court ruling.

Amazing fact

While most lawsuits in the state have argued that the abortion ban violates state constitutions and the civil rights they provide, Louisiana abortion providers have had to argue instead that state laws are illegally vague because they cannot make other arguments under the state constitution . Louisiana voters approved a 2020 ballot that states that “nothing in this constitution shall be construed as guaranteeing or protecting the right to abortion or requiring abortion funding”β€”one of four states whose constitutions do not expressly protect abortion rights, along with Alabama, Tennessee and West Virginia.

in-depth reading

Roof-Wide flipped: Here’s when states will start banning abortion – which they already have (Forbes)

Abortions can resume in Louisiana – at least for now – as the ban has been outlawed in state court (Forbes)

Judge issues temporary restraining order, banning enforcement of Utah’s abortion law (Deseret News)

Supreme Court decision on abortion sparks new legal battles (Associated Press)

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