In Planned Parenthood Northwest, Hawaii, Alaska, Indiana, Kentucky, Inc. v. Members of the Medical Licensing Board of Indiana, (IN Cir. Ct., Sept. 22, 2022), an Indiana state trial court judge yesterday issued a preliminary injunction barring enforcement of Indiana's recently enacted restrictive abortion ban. The court said in part:
Regardless of whether the right is framed as a privacy right, a right to bodily autonomy, a right of self-determination, a bundle of liberty rights, or by some other appellation, there is a reasonable likelihood that decisions about family planning, including decisions about whether to carry a pregnancy to term-- are included in [Indiana Constitution] Article I, §1's protections....
Because of these considerations, and the history of Indiana's constitution being interpreted to provide greater protection to individual citizens that its federal counterpart, there is a reasonable likelihood that this significant restriction of personal autonomy offends the liberty guarantees of the Indiana Constitution and the Plaintiffs will prevail on the merits as to their claim that S.B. 1 violates Article I, Section 1 of the Indiana Constitution.
The case was decided by a Special Judge after two other judges recused themselves (Background). ACLU Indiana issued a press release announcing the decision. ABC News reports that the state plans to file an appeal of the decision, and that abortion clinics in the state are preparing to reopen.
