(WBBM NEWSRADIO) -- The Indiana Supreme Court has ruled that state’s near-total abortion ban doesn’t violate the state constitution.
The court’s decision overturns a Marion county judge’s ruling that the ban likely violates the state constitution’s privacy protections.
The 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.”
The court’s decision strikes down an injunction blocking the ban.
Kenneth Falk of the ACLU of Indiana told CBS 4 in Indianapolis the ruling leaves open a challenge to the ban’s narrow exceptions.
"I believe that gives us an opportunity to demonstrate to the trial court that in fact there are many situations where there is a serious medical need for an abortion that would still not be allowed by the law, thereby the law would be unconstitutional."
The Supreme Court returned the case to the lower court.
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