Sunday, January 22, 2023

Indiana Abortion Law Goes to The Indiana Supreme Court

 Thanks to a banged up arm and working on my fiction, I did not pass along Indiana Supreme Court Justices hear arguments in challenge to near-total abortion ban from Indiana Capital Chronicle until tonight. The article does a very job of reporting until it comes to this paragraph:

The ACLU’s lawsuit argues that the abortion ban “will infringe on Hoosiers’ right to privacy, violate Indiana’s guarantee of equal privileges and immunities, and violate the Constitution’s due course of law clause through its unconstitutionally vague language.”

The court challenge is based on the Indiana Constitution. The Supreme Court of the United States in June ruled that the U.S. Constitution does not guarantee abortion right

I guess I can quit the practice of law, but not escape the law itself. The article might have give links to the contested portions of Indiana's Bill of Rights, as I doubt many Hoosier even know they have a Bill of Rights. They didn't, so I will:

   Section 23. The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.

###

Section 12. All courts shall be open; and every person, for injury done to him in his person, property, or reputation, shall have remedy by due course of law. Justice shall be administered freely, and without purchase; completely, and without denial; speedily, and without delay.

I wonder if the privacy argument came under the following (or if part of the equal protection argument did): 

Section 1. WE DECLARE, That all people are created equal; that they are endowed by their CREATOR with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness; that all power is inherent in the people; and that all free governments are, and of right ought to be, founded on their authority, and instituted for their peace, safety, and well-being. For the advancement of these ends, the people have, at all times, an indefeasible right to alter and reform their government.

sch 1/21


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