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Kristina Box, et al. v. Planned Parenthood of Indiana and Kentucky, Inc.
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 17-2428 · judgment August 27, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
For decades Indiana has permitted a minor to have an abortion so long as she has parental consent or a bypass order from a juvenile court based on either her maturity or her best interests. Now, when a juvenile court permits an unemancipated minor to have an abortion, a new statute requires notice to her parents unless the court finds such notice to be against the minor’s best interests. The district court enjoined enforcement of this statute and the Seventh Circuit affirmed, 2–1, with a dissent by Judge Kanne. The en banc court denied rehearing by a vote of 6–5, with Judge Easterbrook writing a concurrence in denial (joined by Judge Sykes) saying that rehearing would be pointless because only this Court can decide how its abortion precedents apply to this situation. The questions presented are:
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Whether an abortion clinic may assert thirdparty standing on behalf of its hypothetical minor patients to challenge a statute requiring parental notice before abortion.
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Whether Indiana may, consistent with the Fourteenth Amendment, generally require lawyers for unemancipated minors to notify parents of courtauthorized abortions, subject to judicial bypass upon a finding that such notice would be against the minor’s best interests.
Counsel of record
For petitioner
Thomas M. Fisher
EdChoice, Inc.
For respondent
Kenneth J. Falk
ACLU of Indiana
Case
Conference history
Distributed for 2 conferences
Amicus briefs
3 cert-stage
Proceedings
- Aug 03 2020JUDGMENT ISSUED.
- Jul 02 2020Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of June Medical Services L.L.C. v. Russo, 591 U. S. ___ (2020).
- Jun 29 2020DISTRIBUTED for Conference of 7/1/2020.
- Mar 11 2020DISTRIBUTED for Conference of 3/27/2020.
- Mar 10 2020Reply of petitioners Kristina Box, et al. filed.
- Feb 26 2020Brief of respondent Planned Parenthood of Indiana and Kentucky, Inc. in opposition filed.
- Jan 27 2020Brief amicus curiae of Americans United for Life filed.
- Jan 27 2020Brief amici curiae of Kentucky, et al. filed.
- Jan 27 2020Brief amici curiae of Priests for Life and Rachel's Vineyard filed.
- Jan 15 2020Motion to extend the time to file a response is granted and the time is extended to and including February 26, 2020.
- Jan 13 2020Motion to extend the time to file a response from January 27, 2020 to February 26, 2020, submitted to The Clerk.
- Dec 27 2019Petition for a writ of certiorari filed. (Response due January 27, 2020)