Planned Parenthood Great Northwest, Hawai'i v. Commissioner of the Indiana State Department

Summary

The Seventh Circuit affirmed the permanent injunction against Indiana's aid-or-assist law as applied to Planned Parenthood's provision of information and referrals concerning lawful out-of-state abortion care for minors, but modified the injunction to remove the Commissioner of Health as a defendant because changes in Indiana law made relief against that official moot. The court held that Planned Parenthood had standing against the Indiana Medical Licensing Board, that the challenged activities constituted protected speech, and that the law was a content- and viewpoint-based restriction that failed strict scrutiny. The statute was inadequately supported by evidence and was substantially overinclusive and underinclusive in relation to Indiana's asserted interests.