INDIANAPOLIS (AP) 鈥� A top state lawyer derided arguments that violates the state constitution, saying Monday that opponents of the ban are trying to invent a state right to privacy.
A judge heard arguments for about an hour in a Bloomington courtroom on a to block the Indiana abortion ban that
Owen County Judge Kelsey Hanlon, who is the , didn鈥檛 make an immediate decision but said she would issue a ruling 鈥渆xpeditiously.鈥�
State Solicitor General Thomas Fisher told the judge that 鈥渢oo many leaps鈥� were needed in legal arguments that abortion was protected under an Indiana constitutional right to privacy when that word isn鈥檛 mentioned in the . He argued that a ban was in place when the constitution was drafted in 1851.
The abortion clinics are pushing 鈥渁 novel, unwritten, historically unsupported right to abortion,鈥� said Fisher, a top deputy to Republican state Attorney General Todd Rokita.
The ban, which includes limited exceptions, was on Aug. 5 and signed by GOP Gov. Eric Holcomb. That made Indiana the first state to enact tighter abortion restrictions since the U.S. Supreme Court eliminated federal abortion protections by overturning Roe v. Wade in June.
Judge Hanlon turned down without explanation a request last week from the American Civil Liberties Union of Indiana, which is representing the abortion clinics, to prevent the ban from going into effect.
Ken Falk, the ACLU of Indiana鈥檚 legal director, pointed to the state constitution鈥檚 declaration of rights including 鈥渓ife, liberty and the pursuit of happiness鈥� in arguing that included a right to privacy and to make decisions on whether to have children.
Falk asked the judge to restore the state鈥檚 previous abortion laws, which generally prohibited abortions after the 20th week of pregnancy and tightly restricted it after the 13th week.
鈥淲e鈥檙e not asking the court to write to rewrite the legislation,鈥� Falk said. 鈥淲e鈥檙e asking the court to recognize the Legislature鈥檚 gone too far.鈥�
The Indiana ban includes in cases of rape and incest before the 10th week of pregnancy; to protect the mother鈥檚 life and physical health; and if the fetus is diagnosed with a lethal anomaly.
Under the new law, abortions can be performed only in hospitals or outpatient centers owned by hospitals, with the for the procedure. Any doctors found to have performed an illegal abortion would be stripped of their medical license and could face felony charges punishable by up to six years in prison.
Fisher said questions on whether any abortions should be allowed in the state ought to be decided by the elected members of the Legislature.
鈥淯nborn children will literally die if this law does not go into effect,鈥� Fisher said. 鈥淭he public interest favors saving the lives of unborn citizens of Indiana.鈥�
Tom Davies, The Associated Press
