Trustees of Indiana University v. Curry

Dist. Ct. erred in granting plaintiffs-University and University officials’ request to enjoin defendants-prosecutors from enforcing Indiana statute that prohibited individuals from acquiring, receiving, transferring or selling fetal tissue. While Dist. Ct. found that terms “acquires,” “receives,” and “transfers” in statute were vague, Ct. of Appeals found that core meanings of said terms were sufficiently clear so as to preclude any vagueness challenge, and that state courts already provided adequate forums to clarify scope of statute. Also, Ct. rejected plaintiff’s claim that: (1) statute violates notions of equal protection, even though statute distinguishes between fetal tissue obtained from abortions and tissue obtained from miscarriages; (2) statute violates First Amendment, after noting that statute regulates conduct and not speech; (3) statute violates Commerce Clause, after noting that statute treats equally tissue obtained from within and outside of Indiana; and (4) statute violates Takings Clause, after noting that none of individual plaintiffs had any property interest in any particular fetal tissue. (Dissent filed.)