Indiana's attorney general said he was disappointed by the judge's decision and vowed to appeal her ruling to the 7th U.S. Circuit Court of Appeals in Chicago.

"This state has a compelling interest in protecting the dignity of the unborn and in ensuring they are not selected for termination simply because they lack preferred physical characteristics," Hill said.

Legal déjà vu

Falk, of the Indiana ACLU, refused to criticize Hill's decision to appeal, since Falk said it is the right of every litigant to seek appellate review.

But Falk also said it is obvious that "this law was a frontal assault on law that has existed firmly in the Supreme Court since 1973."

"The Legislature is free to do what the Legislature does. But legislators took an oath, like I did, to uphold the Constitution and the laws of the United States," Falk said. "I would hope that they try and figure out what the Constitution says in this regard."

Hill believes that as attorney general he has an obligation to defend laws enacted by the General Assembly when they are challenged in court.