STATE HOUSE–The judge who issued an injunction temporarily blocking the state’s ban on most abortions made leaps to get there, says Indiana Atty. Gen. Todd Rokita, in an interview on WIBC’s Tony Katz Today. Rokita said he will appeal the ruling on several angles.
“The leaps that have to be made to come to that conclusion are wide and long, and many,” said Rokita. Judge Kelsey Hanlon, the special judge in Monroe County (she’s from Owen County), said it’s in question whether Indiana’s constitution implies a right to privacy.
Rokita and the state’s argument are that because it is not explicitly stated in the document, it’s a stretch to say it’s there
“What the other side has to do is say, when our Indiana constitution, like the federal one, talks about liberty, inferred in that is the right to privacy. And, then as part of your right to privacy, you have the right to abortion,” he said.
Rokita said the state’s strategy is manifold.
“I’m not saying that there’s absolutely no right to privacy that you could take from our Indiana constitution. But, they’re taking it so far as to extinguish the life of an unborn child.”
Rokita said that since abortion is not specifically mentioned in the document, that the state legislature has the right to make laws to govern it.
“There’s gonna be a lot of different arguments. That’s certainly gonna be one, that the state has a right to make laws for its society, based on the fact that the lawmakers are elected by the people,” he said.
Rokita said he believes the state constitution is not a living document and is not open to the level of interpretation assigned it by Planned Parenthood and the organizations who filed the lawsuit to get the law stopped.
Ken Falk, legal director for the ACL:U of Indiana said he believes the judge issued the injunction because their side is likely to win in a trial.