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CASE ENTRY

Trustees of Indiana University v. Curry

Indiana law makes it a felony to acquire, receive, sell, or transfer the “tissue, organs, or any other part of an aborted fetus,” which Hoosier professors challenge as interfering with their medical scholarship. District court: The words “acquire,” “receive,” and “transfer” are unconstitutionally vague, as is the phrase “any other part.” Seventh Circuit: Which would make much of the legal system invalid, as those words are ubiquitous. The law stands. Judge Hamilton, dissenting: When both the gov’t lawyers and the authoring legislators run away from the apparent meaning of statutory language, there’s a vagueness problem (which presents both due process and separation of powers issues).


Tags: 2019, Abortion, Due Process, Judge Hamilton, Separation of Powers, Seventh Circuit, Vagueness

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