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LOERTSCHER v. ANDERSON

No. 17-1936.

893 F.3d 386 (2018)

Tamara M. LOERTSCHER, Plaintiff-Appellee, v. Eloise ANDERSON, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 18, 2018.

Attorney(s) appearing for the Case

Sarah Ellen Burns , Attorney, Washington Square Legal Services, Inc., New York, NY, Christopher Graydon Wayne Hanewicz , Attorney, Jesse Jonas Bair , Attorney, Jeff J. Bowen , Attorney, Truscenialyn Brooks , Attorney, Danielle Scott Grant-Keane , Attorney, Perkins Coie LLP, Madison, WI, Lynn Mara Paltrow , Attorney, Nancy Rosenbloom , Attorney, National Advocates for Pregnant Women, New York, NY, Alyson Marie Zureick , Attorney, Washington Square Legal Services, Inc., New York, NY, for Plaintiff-Appellee.

Luke N. Berg , Deputy Solicitor General, Office of the Attorney General, Madison, WI, Misha Tseytlin , Attorney, Office of the Solicitor General, Madison, WI, for Defendants-Appellants.

Joy Frances Haviland , Attorney, Jolene Forman , Attorney, Drug Policy Alliance, Oakland, CA, for Amicus Curiae Wisconsin Medical Society, Inc., American Medical Association, American College of Obstetricians and Gynecologists, American Academy of Addiction Psychiatry.

Howard Owen Godnick , Attorney, Schulte, Roth & Zabel, New York, NY, for Amicus Curiae National Coalition for a Civil Right To Counsel.

Before Flaum, Ripple, and Manion, Circuit Judges.

Tamara M. Loertscher brought this action under 42 U.S.C. § 1983 challenging the constitutionality of 1997 Wisconsin Act 292 ("Act 292" or "the Act"), a legislative measure designed to address the effects of prenatal substance abuse. Act 292 brings unborn children and their mothers within

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