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A WOMANS CHOICE-EAST SIDE WOMENS CLINIC v. NEWMAN

No. 01-2107.

305 F.3d 684 (2002)

A WOMAN'S CHOICE-EAST SIDE WOMEN'S CLINIC, et al., Plaintiffs-Appellees, v. Scott C. NEWMAN, Prosecuting Attorney for Marion County Indiana, on behalf of a class of prosecutors, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

DECIDED September 16, 2002.

Rehearing and Rehearing Denied October 28, 2002.

Attorney(s) appearing for the Case

Mary J. Hoeller, White & Raub, Indianapolis, IN, Simon Heller (argued), Center for Reproductive Law & Policy, New York, NY, Colleen K. Connell, Roger Baldwin Foundation of ACLU, Inc., Chicago, IL, for plaintiff-appellee.

Thomas M. Fisher (argued), Office of the Attorney General, Indianapolis, IN, for defendant-appellant.

Before COFFEY, EASTERBROOK, and DIANE P. WOOD, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 28, 2002.*

EASTERBROOK, Circuit Judge.

In 1995 Indiana enacted a statute making the woman's informed consent a condition to an abortion. Ind.Code § 16-34-2-1.1. Even though the text of this law is materially identical to one held constitutional in Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 881-87, 112 S.Ct. 2791...

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