Indiana’s near-total abortion ban that prohibits the procedure with only a few narrow exceptions will go back into effect after the Indiana Supreme Court upheld the law Friday. Justices did leave the door open for the possibility for other challenges in the future, however.
In a split decision, the high court nixed a preliminary injunction that has kept the ban on-hold since September.
Justices stated that the plaintiffs — which included Planned Parenthood and multiple other health care providers, unsuccessfully brought a “facial” challenge to the entire law, alleging that the abortion ban is always unconstitutional and should therefore be voided.
The state Supreme Court said the providers “cannot show a reasonable likelihood of success” with that challenge, however.
The five Indiana justices heard oral arguments over the constitutionality of the new law in January.
The court challenge was originally filed in Monroe County Circuit Court in August by the American Civil Liberties Union of Indiana on behalf of health care providers and a pregnancy resource center.
A special judge in Owen County later ruled that the ban likely violates the Indiana Constitution. An injunction issued by Judge Kelsey Blake Hanlon, a Republican, halted the state’s new abortion law one week after it took effect. Under the injunction, the state’s previous abortion law stood — allowing abortions up to 20 weeks.
However with this latest action, the abortion ban once again takes effect.
That makes Indiana the first state in the nation to approve such legislation since the high court ruling that overturned Roe v. Wade.