Legal Opinion · Concurrence

Clinic for Women, Inc. v. Brizzi

Indiana Supreme Court

Decided November 23, 2005No. 49S05-0501-CV-31Published

1ConcurrenceDickson, Justice

I would affirm the trial court's dismissal of the complaint, thus reaching the same outcome as the majority opinion, but for different reasons. The majority leaves open the question of whether Article 1, Section 1, of the Indiana Constitution should be interpreted to provide protection for a right to abortion. I prefer this Court to address that question and to explicitly declare that the Indiana Constitution does not protect any alleged right to abortion. In addition, because the challenged statutory pre-abortion requirements not only discourage harm to fetal life, but also protect the…

2Cases cited23 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Planned Parenthood of Southeastern Pa. v. CaseySupreme Court of the United States · 1992
  3. Price v. StateIndiana Supreme Court · 1993
  4. Bayh v. SonnenburgIndiana Supreme Court · 1991
  5. Baldwin v. ReaganIndiana Supreme Court · 1999

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