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Jane Doe No 1 v. Attorney General of Indiana (Indiana)

(District Court Case Number: 1:20-CV-3247 / Seventh Circuit Case Number: 22-2748)

This case challenged a set of Indiana laws that require healthcare providers to bury or cremate embryonic and fetal tissue from an abortion or miscarriage procedure regardless of their patients’ wishes. Abortion patients must acquiesce to burial or cremation or dispose of infectious human tissue on their own, and at their own expense. In compelling patients and providers to act in accordance with the State’s view of personhood irrespective of their own religious and moral beliefs, the plaintiffs argued these laws violate the Free Exercise and Free Speech Clauses of the First Amendment, and they should be permanently enjoined as unconstitutional.

Plaintiffs:

Jane Doe No. 1; Jane Doe No. 3; William Mudd Martin Haskell, M.D.; Kelly McKinney, N.P.; and Women’s Med Group Professional Corporation

Defendants:

Attorney General of Indiana; Commissioner of the Indiana State Department of Health; The Individual Members of the Medical Licensing Board of Indiana; The Individual Members of the Indiana State Board of Nursing; and Marion County Prosecutor

Co-counsel:

Kathrine D. Jack; Michelle L Engel; Yale Law School Reproductive Rights and Justice Project

Timeline and Key Documents:

May 1, 2023

U.S. Supreme Court Denies Petition for a Writ of Certiorari, Ending the Case

December 21, 2020

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