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

Summary

The court affirmed a permanent injunction barring Indiana officials from enforcing the aid-or-assist law against Planned Parenthood’s dissemination of information about, and referrals to, lawful out-of-state abortion providers for unemancipated minors. It held that Planned Parenthood had standing to pursue an as-applied, pre-enforcement First Amendment challenge against the Medical Licensing Board, that the challenged activity was protected speech, and that the law was a content- and viewpoint-based restriction that failed strict scrutiny. Because changes in Indiana law eliminated the Health Commissioner’s ability to provide relief, the court modified the injunction to remove that official as a defendant.