PLANNED PARENTHOOD OF INDIANA AND KENTUCKY INC v. COMMISSIONER OF INDIANA STATE DEPARTMENT OF HEALTH (2018)

United States Court of Appeals, Seventh Circuit.

PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., et al., Plaintiffs-Appellees, v. COMMISSIONER OF the INDIANA STATE DEPARTMENT OF HEALTH, et al., Defendants-Appellants.

No. 17-3163

Decided: June 08, 2018

Kenneth J. Falk, Gavin M. Rose, Attorneys, ACLU of Indiana, Indianapolis, IN, Jennifer Sandman, Attorney, Planned Parenthood Federation of America, New York, NY, Jan P. Mensz, Attorney, Indiana Civil Liberties Union, Indianapolis, IN, for Plaintiffs-Appellees Thomas M. Fisher, Attorney, Office of the Attorney General, Indianapolis, IN, for Defendants-Appellants Dorinda Bordlee, Attorney, Metairie, LA, for Amici Curiae Women Speak for Themselves, Fondation Jerome Lejeune, Saving Down Syndrome, Down Pride Misha Tseytlin, Attorney, Office of the Solicitor General, Wisconsin Department of Justice, Madison, WI, for Amicus Curiae State of Wisconsin Bill Schuette, Office of the Attorney General, State of Michigan, Lansing, MI, for Amicus Curiae Michigan Attorney General Chris Hollinger, Attorney, O'Melveny & Myers LLP, San Francisco, CA, for Amicus Curiae Biomedical Ethicists Geoffrey M. Wyatt, Attorney, Skadden, Arps, Slate, Meagher & Flom LLP, Washington, DC, for Amicus Curiae Disability Advocates

ORDER

Defendants-appellants have requested en banc review in this case limited to the question of the constitutionality of Ind. Code § 16-34-3-4, which regulates the disposal of fetal remains after an abortion or miscarriage. A majority of the judges in active service have voted to grant the state’s petition. Accordingly, the petition for rehearing en banc is GRANTED. Part II.B of the panel’s opinion of April 19, 2018, Planned Parenthood of Ind. and Ky., Inc. v. Comm’r of the Ind. State Dept. of Health, 888 F.3d 300, 307–10 (7th Cir. 2018), is VACATED, and the judgment is also VACATED insofar as it affirmed the district court’s decision to enjoin enforcement of the fetal disposition statute. The court will set a date for the en banc oral argument by separate order.

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