ACLU files petition for rehearing on abortion ban injunction
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Just one day before Indiana’s near-total abortion ban is set to take effect for the second time, the American Civil Liberties Union of Indiana has filed a petition for rehearing, asking the Indiana Supreme Court to allow a preliminary injunction to remain in effect pending continued efforts to obtain injunctive relief.
The plaintiffs filed the petition for rehearing Monday.
Last month, the Indiana Supreme Court lifted an injunction against the abortion law, which prohibits the procedure except in limited cases of cases of rape or incest, fatal fetal anomaly, or to protect the life or health of the mother.
The law, known as Senate Enrolled Act 1, had been enjoined since September 2022.
The state justices ruled 4-1 to lift the injunction. Chief Justice Loretta Rush and Justice Mark Massa concurred in the majority opinion, written by Justice Derek Molter, while Justice Geoffrey Slaughter concurred in the judgment with a separate opinion and Justice Christopher Goff concurred and dissented in part.
The high court remanded the case back to the Monroe Circuit Court, which hadn’t yet set a hearing date.
The petition presents the Statement of the Issue as, “Whether, in order to prevent profound and potentially irreversible damage to patients who will suffer ‘a serious health risk’ absent an abortion, this Court should grant rehearing of its decision reversing the preliminary injunction entered by the trial court for the limited purpose of ordering that injunction to remain in effect pending the prompt filing and disposition of a renewed preliminary-injunction motion addressed to the breadth of the abortion right that this Court held to be protected by Article 1, Section 1 of the Indiana Constitution.”
The petition continues, “As indicated, consistent with this Court’s decision, on remand Plaintiffs intend to renew their preliminary-injunction request to pursue a claim that S.B. 1 violates Article 1, Section 1 as applied to circumstances where an abortion is necessary to prevent ‘serious health risks’ not contemplated by Indiana’s current life-or-health exception. Notwithstanding its conclusion that the trial court improperly enjoined S.B. 1 on its face, this Court possesses authority to temporarily extend this injunction for a period of time sufficient to allow the trial court to resolve Plaintiffs’ to-be-filed request.”
The petition argues that any harm that may occur by allowing the injunction to temporarily remain in effect would be minimal given that Roe v. Wade existed for more than half a century.
“Plaintiffs believe that the precise timing of these proceedings should be left to the sound discretion of the trial court,” the petition concludes. “In the alternative, this Court may wish to order that the preliminary injunction will remain in effect for a set period of time — perhaps sixty or ninety days — following certification pursuant to Appellate Rule 65(E).”
Indiana Lawyer has reached out to the Indiana Office of the Attorney General for comment.
This story will be updated.