PLANNED PARENTHOOD OF INDIANA, INC., et al., Plaintiffs-Appellees,
v.
COMMISSIONER OF the INDIANA STATE DEPARTMENT OF HEALTH, et al., Defendants-Appellants.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Argued October 20, 2011.
Decided October 23, 2012.
Attorney(s) appearing for the Case
Kenneth J. Falk (argued), Attorney, Indiana Civil Liberties Union, Indianapolis, IN, Talcott Camp , Attorney, American Civil Liberties Union, Reproductive Freedom Project, Roger K. Evans , Attorney, Planned Parenthood Federation of America, Legal Action for Reproductive Rights, New York, NY, for Plaintiffs-Appellees.
Thomas M. Fisher (argued), Attorney, Office of the Attorney General, Indianapolis, IN, for Defendants-Appellants.
Paul Benjamin Linton , Attorney, Northbrook, IL, for Amicus Curiae, Members of the Indiana General Assembly.
Lawrence J. Joseph , Attorney, Washington, DC, for Amicus Curiae, Eagle Forum Education & Legal Defense Fund.
Jay A. Sekulow , Attorney, American Center for Law & Justice, Washington DC, for Amicus Curiae, American Center for Law and Justice and Committee to Defund Planned Parenthood's Abortions at State Level.
John J. Bursch , Attorney, Officer of the Solicitor General, Lansing, MI, for Amicus Curiae, State of Michigan.
Martha Jane Perkins , Attorney, National Health Law Program, Carrboro, NC, for Amicus Curiae, National Health Law Program and National Partnership for Women and Families.
Alisa B. Klein (argued), Attorney, Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Amicus Curiae, United States of America.
Before CUDAHY, KANNE, and SYKES, Circuit Judges.
United States Court of Appeals, Seventh Circuit.
SYKES, Circuit Judge.
In 2011 Indiana adopted a law prohibiting state agencies from providing state or federal funds to "any entity that performs abortions or maintains or operates a facility where abortions are performed." IND. CODE § 5-22-17-5.5(b). The Hyde Amendment already forbids states from using federal funds to pay for most nontherapeutic abortions; Indiana has a similar ban on the use of state funds. The new law goes a step further by prohibiting abortion...
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