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Kristina Box, Commissioner, Indiana Department of Health, et al. v. Planned Parenthood of Indiana and Kentucky, Inc., et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 17-3163 · judgment June 25, 2018

GVR'd · May 28, 2019
Pre-decision estimate: 6% cert probability (95% interval 3%–11%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has filed here before, and a Seventh Circuit decision below, and down for a business respondent.

Questions presented

  1. Whether a State may require health care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation.

  2. Whether a State may prohibit abortions motivated solely by the race, sex, or disability of the fetus and require abortion doctors to inform patients of the prohibition.

Counsel of record

For petitioner
Thomas M. Fisher
EdChoice, Inc.

For respondent
Kenneth J. Falk
ACLU of Indiana

Case

Conference history
Distributed for 15 conferences

Amicus briefs
14 cert-stage

Linked docket
18A284

Proceedings

  1. Jul 01 2019
    JUDGMENT ISSUED.
  2. May 28 2019
    Petition GRANTED and Judgment REVERSED as to Question 1 presented by the petition. Petition DENIED as to Question 2 presented by the petition. Opinion per curiam. (Detached Opinion). Justice Sotomayor would deny the petition for a writ of certiorari as to both questions presented. Justice Thomas, concurring. (Detached Opinion). Justice Ginsburg, concurring in part and dissenting in part. (Detached Opinion).
  3. May 20 2019
    DISTRIBUTED for Conference of 5/23/2019.
  4. May 13 2019
    DISTRIBUTED for Conference of 5/16/2019.
  5. May 06 2019
    DISTRIBUTED for Conference of 5/9/2019.
  6. Apr 22 2019
    DISTRIBUTED for Conference of 4/26/2019.
  7. Apr 15 2019
    DISTRIBUTED for Conference of 4/18/2019.
  8. Apr 08 2019
    DISTRIBUTED for Conference of 4/12/2019.
  9. Mar 28 2019
    Letter of March 15, 2019 from counsel for amicus curiae Wisconsin received. (Distributed)
  10. Mar 28 2019
    Letter of March 27, 2019 from counsel for amicus curiae West Virginia received. (Distributed)
  11. Mar 25 2019
    DISTRIBUTED for Conference of 3/29/2019.
  12. Mar 18 2019
    DISTRIBUTED for Conference of 3/22/2019.
  13. Mar 11 2019
    DISTRIBUTED for Conference of 3/15/2019.
  14. Feb 25 2019
    DISTRIBUTED for Conference of 3/1/2019.
  15. Feb 19 2019
    DISTRIBUTED for Conference of 2/22/2019.
  16. Feb 04 2019
    DISTRIBUTED for Conference of 2/15/2019.
  17. Jan 14 2019
    DISTRIBUTED for Conference of 1/18/2019.
  18. Jan 07 2019
    DISTRIBUTED for Conference of 1/11/2019.
  19. Dec 19 2018
    DISTRIBUTED for Conference of 1/4/2019.
  20. Dec 18 2018
    Reply of petitioners Commissioner of the Indiana State Department of Health, et al. filed.
  21. Dec 04 2018
    Brief of respondents Planned Parenthood of Indiana and Kentucky, Inc., et al. in opposition filed.
  22. Nov 19 2018
    Amicus brief of American Center for Law & Justice and Parents of Disabled Children not accepted for filing. (November 20, 2018)(Corrected version submitted)
  23. Nov 19 2018
    Brief amicus curiae of Prolife Center at the University of St. Thomas filed.
  24. Nov 15 2018
    Brief amici curiae of Alliance Defending Freedom and the Radiance Foundation filed.
  25. Nov 15 2018
    Brief amici curiae of American Center for Law & Justice, et al. filed. (11/20/208)
  26. Nov 15 2018
    Brief amici curiae of Americans United for Life, et al. filed.
  27. Nov 15 2018
    Brief amici curiae of Fondation Jerome Lejeune, Saving Down Syndrome, and Down Pride filed.
  28. Nov 15 2018
    Brief amicus curiae of Eagle Forum Educational and Legal Defense Fund, Inc. filed.
  29. Nov 15 2018
    Brief amici curiae of The Restoration Project, et al. filed.
  30. Nov 15 2018
    Brief amicus curiae of Susan B. Anthony List filed.
  31. Nov 15 2018
    Brief amici curiae of Pro-Life Legal Defense Fund, et al. filed.
  32. Nov 15 2018
    Brief amicus curiae of Beverly McMillan, M.D. filed.
  33. Nov 15 2018
    Brief amici curiae of State of Wisconsin, et al. filed.
  34. Nov 15 2018
    Brief amicus curiae of CatholicVote.org Education Fund filed.
  35. Nov 15 2018
    Amicus brief of Prolife Center at the University of St. Thomas not accepted for filing. (November 20, 2018)(Corrected version submitted)
  36. Nov 15 2018
    Brief amici curiae of Ethics and Religious Liberty Commission of the Southern Baptist Convention, et al. filed.
  37. Nov 14 2018
    Brief amicus curiae of Association of American Physicians & Surgeons filed.
  38. Oct 25 2018
    Motion to extend the time to file a response is granted and the time is extended to and including December 5, 2018.
  39. Oct 23 2018
    Motion to extend the time to file a response from November 15, 2018 to December 5, 2018, submitted to The Clerk. filed.
  40. Oct 12 2018
    Petition for a writ of certiorari filed. (Response due November 15, 2018)
  41. Sep 19 2018
    Application (18A284) granted by Justice Kagan extending the time to file until October 22, 2018.
  42. Sep 14 2018
    Application (18A284) to extend the time to file a petition for a writ of certiorari from September 23, 2018 to October 22, 2018, submitted to Justice Kagan.
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