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 from 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.
2 comments
Naturally a graduate from IU Law School. And her ruling cost her an appointment to the Indiana Appeals Court. Wouldn’t it be delicious if the Appeals Court over turns her injunction saving countless lives until the case is decided. Who cares of PP or the ACLU makes any more money on the deaths of little Hoosiers?
For 50 years the entire pro-death cohort of this country was hoodwinked by a few old guys in black robes who said there was a right to abortion in the penumbras of the constitution. A penumbra is a shadow. There is nothing in a shadow. There are no penumbras in any constitution. It says what it says and means what it says. I hope the People of Owens County vote this judge out of office. If the pro death people of this state want abortion then they should amend our constitution, well they can try. It is odd how these people want a right that isn’t there yet refuse to respect or advocate for the real rights written down in the Bill of Rights.
The entire argument is dumb. The right to privacy doesn’t give you the right to break a law. If you rob a bank, can you claim immunity from arrest because it violates your right to privacy? It’s absurd.
The judge was indeed reaching, as are all the lefties.