Indiana Abortion Lawsuit To Be Handled By Special Judge

A lawsuit brought by the ACLU, Planned Parenthood and other abortion radicals against Indiana’s new abortion ban will be heard by a special judge after two other judges recused themselves from the case without reason.

State lawmakers passed the ban last month to go into effect Sept. 15 with limited exceptions. Those include rape, incest, or medical emergency cases within the first ten weeks.

Indiana Special Judge Kelsey Hanlon agreed to oversee the lawsuit brought against the state by abortion providers. The plaintiffs have asked the court for a preliminary injunction to stop the ban from taking effect until the lawsuit is over.

Indiana became the first state to pass new laws banning abortion after the Supreme Court threw out Roe v. Wade. The suit against the new state legislation was filed against the Medical Licensing Board of Indiana as well as county prosecutors.

Those in violation of the new law face having their licenses revoked, prison time of one to six years and a fine of up to $10,000.

The lawsuit accused Indiana of violating the state’s guarantee of “equal privileges and immunities.” It says the law is vague, and thus in violation of the state’s due course of law clause.

The suit also alleges that the legislation infringes on state citizens’ right to privacy.

Planned Parenthood, the Lawyering Project, the ACLU of Indiana, and WilmerHale filed the lawsuit on behalf of abortion providers that include Planned Parenthood, Women’s Med Group Professional Corp., and All-Options.

The ACLU of Indiana’s legal director Ken Falk argues that “from its very inception, the Indiana constitution has protected the right to privacy.” He believes that part of that right is the right for a woman to “make medical decisions regarding her own reproductive health.”

Indiana’s new law protects the most defenseless of society in the place where they should be the most protected — their mother’s womb. The Supreme Court struck down Roe so that states may make their own decisions concerning abortion, and in this case, Indiana has decided.