An Indiana judge blocked a near-total abortion ban one week after it went into effect, arguing the legislation violates the state constitution.

Owen County Judge Kelsey Hanlon issued a preliminary injunction Thursday halting the abortion ban, which only allowed the procedures in cases of rape and incest before 10-weeks post-fertilization, to protect the life and physical health of the mother, and if a fetus is diagnosed with a deadly problem.

The legislation outlawed abortion clinics in the state, only allowing the procedures to be performed in hospitals or outpatient facilities controlled by hospitals.

“There is reasonable likelihood that this significant restriction of personal autonomy offends the liberty guarantees of the Indiana Constitution,” Hanlon wrote.

The injunction was sought by abortion clinic operators who filed an Aug. 30 lawsuit claiming the strict abortion ban “will infringe on Hoosiers’ right to privacy, violate Indiana’s guarantee of equal privileges and immunities, and includes unconstitutionally vague language.”

Planned Parenthood, which is involved in the lawsuit, applauded the injunction blocking the “cruel” ban.

“The fight’s not over, but this is a huge win for people seeking essential reproductive health care in Indiana!” the organization said in a tweet.

Abortion-rights protesters fill Indiana Statehouse corridors and cheer outside legislative chambers, Friday, Aug. 5, 2022.
Indiana was the first state to implement a near-total abortion ban after Roe v. Wade was overturned.
AP/Arleigh Rodgers

Hanlon’s injunction will prevent the state from enforcing the ban until the lawsuit plays out in court.

Indiana had been the first state to ban abortions after the US Supreme Court overruled Roe v. Wade in June.

Indiana Attorney General Todd Rokita said his office would seek to overturn the injunction.

“We plan to appeal and continue to make the case for life in Indiana. Our office remains determined to fight for the lives of the unborn, and this law provides a reasonable way to begin doing that,” he said in a statement.

In a court filing, Rokita’s office said arguments against the ban are on a “novel, unwritten, historically unsupported right to abortion” in the state constitution.

With Post Wires


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