Whole Woman's Health Alliance v. Theodore Rokita, No. 21-2573 (7th Cir. 2022)

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This opinion or order relates to an opinion or order originally issued on September 8, 2021.

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NONPRECEDENTIAL DISPOSITION To be cited only in accordance with FED.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 WHOLE WOMAN’S HEALTH ALLIANCE, et al., Plaintiffs-Appellees, Appeals from the United States District Court for the 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 further 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.

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