INDIANAPOLIS — The Indiana Supreme Court ruled Friday that the state's abortion ban doesn't violate the state constitution, removing a major hurdle to enforcing the ban Republicans approved last summer.
The court’s decision overturns a county judge’s ruling that the ban likely violates the state constitution’s privacy protections, which she said are stronger than those found in the U.S. Constitution. That judge’s order has allowed abortions to continue in Indiana since September, despite the ban.
An opinion from three of the court’s five justices said that while Indiana's constitution provides some protection of abortion rights, the “General Assembly otherwise retains broad legislative discretion for determining whether and the extent to which to prohibit abortions.”
All five Indiana Supreme Court justices were appointed by Republican governors.
Indiana became the first state to enact tighter abortion restrictions, acting in August, after the U.S. Supreme Court’s eliminated federal protections by overturning Roe v. Wade in June 2022. Indiana’s abortion ban, however, still faces a separate court challenge over claims it violates the state’s 2015 religious freedom law signed by GOP then-Gov. Mike Pence.