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INDIANA RIGHT TO LIFE, INC. v. SHEPARD

No. 06-4333.

507 F.3d 545 (2007)

INDIANA RIGHT TO LIFE, INC. and Arline Sprau, Plaintiffs-Appellees, v. Randall T. SHEPARD, in his official capacity as a member of the Indiana Commission on Judicial Qualifications, James O. McDonald, in his official capacity as a member of the Indiana Commission on Judicial Qualifications, Judy J. Jackson, in her official capacity as a member of the Indiana Commission on Judicial Qualifications, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 26, 2007.

Attorney(s) appearing for the Case

James Bopp, Jr. (argued), Bopp, Coleson & Bostrom, Terre Haute, IN, for Plaintiffs-Appellees.

George T. Patton, Jr. (argued), Marisol Sanchez, Bose, McKinney & Evans, Indianapolis, IN, for Defendants-Appellants.

Before BAUER, EVANS, and WILLIAMS, Circuit Judges.

EVANS, Circuit Judge.

Indiana Right to Life and Arline Sprau (we will refer to them collectively as Right to Life) filed this complaint against the Indiana Commission on Judicial Qualifications and the Indiana Disciplinary Commission, contending that two canons in the Indiana Code of Judicial Conduct violate their First Amendment rights. The district court agreed that one of the canons was unconstitutional and the state defendants appeal.

The canon at issue...

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