Whole Woman's Health Alliance v. Todd Rokita

Opinion

NONPRECEDENTIAL DISPOSITION To be cited only in accordance with FED. R. APP. P. 32.1

United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

Argued January 12, 2022 Decided July 11, 2022

Before

JOEL M. FLAUM, Circuit Judge

FRANK H. EASTERBROOK, Circuit Judge

DIANE P. WOOD, Circuit Judge

Nos. 21-2480 & 21-2573 Appeals from the United WHOLE WOMAN’S HEALTH ALLIANCE, et al., States District Court for the Plaintiffs-Appellees, Southern District of Indiana, Indianapolis Division. v. No. 1:18-cv-01904-SEB-MJD TODD ROKITA, Attorney General of Indiana, et al., Defendants-Appellants. Sarah Evans Barker, Judge.

ORDER

The judgment of the District Court is vacated, and the case is remanded for fur- ther proceedings consistent with Dobbs v. Jackson Women’s Health Organization, No. 19– 1392 (U.S. June 24, 2022). This court does not now address the district court’s rulings based on the First Amendment, because they were influenced by pre-Dobbs decisions holding that abortion is a fundamental right. The District Court should reconsider all claims in this litigation in light of Dobbs and the government-speech doctrine of Pleasant Grove v. Summum, 555 U.S. 460 (2009), and Walker v. Texas Division, Sons of Confederate Veterans, Inc., 576 U.S. 200 (2015). Any appeals from the decision on remand will return to this panel.