Bench Memos

Law & the Courts

Seventh Circuit Ruling in Favor of Indiana Law Barring Transfer of Fetal Tissue

In yet another ruling on Friday (on top of these two), a divided panel of the Seventh Circuit, in an excellent opinion by Judge Easterbrook (a Reagan appointee), ruled (in Trustees of Indiana University v. Curry) that an Indiana law that makes it illegal to “intentionally acquire[], receive[], sell[], or transfer[] fetal tissue” is not unconstitutionally vague. Trump appointee Michael Y. Scudder provided the decisive vote, and Obama appointee David Hamilton dissented. The panel reversed a ruling by Judge Jane E. Magnus-Stinson, also an Obama appointee.

So in three separate cases in the Seventh Circuit on a single day, bearing on the Second Amendment, the Establishment Clause, and (somewhat obliquely) abortion, Trump appointees to that court made their mark.

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