Opinion
No. 17-3163
06-08-2018
PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., et al., Plaintiffs-Appellees, v. COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, et al., Defendants-Appellants.
By the Court: Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. 1:16-cv-00763-TWP-DML Tanya Walton Pratt, Judge.
ORDER
Defendants-appellants have requested en banc review in this case limited to the question of the constitutionality of Ind. Code § 16-34-3-4, which regulates the disposal of fetal remains after an abortion or miscarriage. A majority of the judges in active service have voted to grant the state's petition. Accordingly, the petition for rehearing en banc is GRANTED. Part II.B of the panel's opinion of April 19, 2018, Planned Parenthood of Ind. and Ky., Inc. v. Comm'r of the Ind. State Dept. of Health, 888 F.3d 300, 307-10 (7th Cir. 2018), is VACATED, and the judgment is also VACATED insofar as it affirmed the district court's decision to enjoin enforcement of the fetal disposition statute. The court will set a date for the en banc oral argument by separate order.