The Indiana law was enjoined by a district court in 2017 as a violation of Supreme Court precedent. But last month, after the Supreme Court invalidated Roe v. Wade in a case called Dobbs v. Jackson, the justices instructed the US Court of Appeals for the 7th Circuit to take another look at the Indiana law pursuant to Dobbs.
Under Supreme Court rules, the justices would set that process in motion by transmitting their mandate by July 25. In an emergency application filed with the court Thursday, however, the state asked the court to speed up the process.
“Immediate transmittal of this Court’s judgment is necessary to avoid inflicting further irreparable harm to the State of Indiana,” the state’s Solicitor General Thomas M. Fisher argued.
The application was filed with Justice Amy Coney Barrett, who has jurisdiction over the 7th Circuit, but it could land before Justice Ketanji Brown Jackson because Barrett was sitting on the 7th Circuit when the case was pending. It is likely that either justice would refer the petition to the full court for review.
Since Dobbs came down, more than a dozen states have barred or severely restricted abortion.
This story is breaking and will be updated.
July 15, 2022 at 12:06AM