U.S. Supreme Ct. directed Ct. of Appeals to reconsider its prior decision that granted plaintiff's request for preliminary injunction to prevent enforcement of new Indiana statutory restriction on minors' access to abortion, where Ct. of Appeals' prior decision was based, in part, on Whole Woman's Health, 136 S.Ct. 1292, and where U.S. Supreme Ct., in June Medical Services, 140 S.Ct. 2103, issued plurality decision that struck down Louisiana law regulating abortion providers, under circumstances where four dissenting Justices plus one concurring Justice disapproved of decision in Whole Woman's Health. Ct. of Appeals, in applying "narrowest ground" rule set forth in Marks, 430 U.S. 188, for assessing precedential force of Supreme Ct. decisions issued without majority opinions, found that dicta in non-majority opinion in June Medical Services did not overrule otherwise binding precedent in Whole Woman's Health relied upon by Ct. of Appeals in its prior opinion, and thus Ct. of Appeals reaffirmed its decision to affirm Dist. Ct.'s issuance of preliminary injunction to preclude enforcement of requirement that minor's parents be notified that she is seeking abortion through bypass procedure, i.e., court order finding either that abortion is in best interest of minor, or that she is sufficiently mature to make her own decision. (Dissent filed.)
Federal 7th Circuit Court
Civil Court
Abortion