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.
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:
December 12, 2022
Plaintiffs file Petition for Rehearing En Banc
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
District Court grants Plaintiffs’ Motion for Summary Judgment
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