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CLINIC FOR WOMEN, INC. v. BRIZZI

No. 49S05-0501-CV-31.

837 N.E.2d 973 (2005)

CLINIC FOR WOMEN, INC., Appellants (Plaintiffs below), v. Carl J. BRIZZI, Appellee (Defendant below).

Supreme Court of Indiana.

November 23, 2005.

Attorney(s) appearing for the Case

Kenneth J. Falk, Indiana Civil Liberties Union, Indianapolis, Simon Heller, Janet Crepps, Pro Hac Vice, Center for Reproductive Rights, New York, NY, Attorneys for Appellants.

Steve Carter, Attorney General of Indiana, Thomas M. Fisher, Special Counsel, Ellen H. Meilaender, Deputy Attorney General, Anna Tooman, Law Clerk, Indianapolis, Attorneys for Appellee.

William J. Wood, Indianapolis, Attorney for Amici Curiae Indiana Catholic Conference.

Eric Allan Koch, Bloomington, Paul Benjamin Linton, Northbrook, IL, Attorneys for Amici Curiae Members of the Indiana General Assembly.

RUCKER, Justice.

The Indiana Legislature has passed a law that requires a woman seeking an abortion to give her informed consent prior to the procedure and, except in the case of a medical emergency, specifies that a physician (or other medical personnel) must "orally" and in her presence provide her with certain information at least 18 hours before the abortion is performed. The plaintiffs in this case contend that this law on its face violates the right to "liberty...

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