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

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

This case challenges a set of Indiana laws that require healthcare providers to bury or cremate embryonic and fetal tissue from an abortion or miscarriage 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 laws violate the Free Exercise and Free Speech Clauses of the First Amendment, and they should be permanently enjoined as unconstitutional.


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


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


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

Timeline and Key Documents:

December 12, 2022

December 21, 2022

Plaintiffs file Complaint

November 28, 2022

Seventh Circuit Summarily Reverses the District Court’s Judgment and Injunction

November 9, 2022

State Moves for a Stay of the Injunction

September 26, 2022

January 7, 2022

Plaintiffs file Motion for Summary Judgment

Related Media:

September 27, 2022

Press Release: Indiana Requirements Forcing Burial or Cremation of Tissue From Abortions Permanently Blocked

December 21, 2020

Press Release: Patients Sue Indiana Over Requirement Forcing Burial or Cremation of Embryonic, Fetal Tissue