Members of the Medical Licensing Board of Indiana v. Planned Parenthood Great Northwest
Indiana Supreme Court
211 N.E.3d 957 (2023)
- Written by Angela Patrick, JD
Facts
In 2022, the Indiana legislature enacted a statute prohibiting abortion unless the abortion was necessary either to save the woman’s life or to prevent a serious health risk to the woman, a lethal fetal anomaly existed, or rape or incest caused the pregnancy. Planned Parenthood of Great Northwest and other medical providers (the providers) (plaintiffs) sued to enjoin enforcement of the statute, arguing that it violated a woman’s liberty rights under the Indiana Constitution. State officials (defendants) opposed the request, arguing that (1) the state constitution did not provide any judicially enforceable liberty rights and (2) if the constitution did provide enforceable liberty rights, a woman’s liberty rights would entitle her to an abortion only if necessary to save her life or protect her from a serious health risk. The trial court granted a preliminary injunction, temporarily preventing the state from enforcing the statute. The state officials appealed to the Indiana Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Molter, J.)
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