Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—June 16

2023—In Planned Parenthood of the Heartland v. Reynolds, a 3-to-3 deadlock on the Iowa supreme court leaves in place an injunction that bars Iowa’s 2018 heartbeat law from taking effect. The three justices who decline to vacate the injunction invoke procedural complexities that would be easier to credit as genuine if they were not accompanied by tendentious rhetoric and flimsy arguments. One of those three justices is Edward Mansfield, who was on Donald Trump’s list of Supreme Court candidates in 2016.  

2023—Federal district judge James Patrick Hanlon (in K.C. v. Individual Members of Medical Licensing Board) enjoins Indiana officials from enforcing a state law that bars physicians from altering a child’s sex characteristics through medication or surgery as treatment for gender dysphoria.  


In November 2024, a divided Seventh Circuit panel will vacate the injunction. 

Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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