Seventh Circuit dumps ban on abortion info for minors

A Seventh Circuit panel ruled Tuesday that Indiana's 'aid-or-assist' law, which barred doctors from sharing abortion information with minors without parental consent or court approval, violates the First Amendment. The law was passed in 2017, blocked by injunction ever since, and predates both Indiana's near-total abortion ban and the Dobbs decision.

Writing for the majority, Judge David Hamilton found the law viewpoint-based: providers could freely give minors referrals for out-of-state prenatal care or STI treatment, but referrals for out-of-state abortion care triggered liability. Indiana argued it was regulating conduct, not speech; the panel disagreed, comparing the case favorably to a Ninth Circuit ruling against a similar Idaho law.

Judge Michael Scudder, dissenting in part, argued Indiana has a compelling interest in parental involvement that the majority undervalued. Neither Planned Parenthood nor the state responded to requests for comment.

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