Planned Parenthood of Indiana and Kentucky v. Marion County Prosecutor

In 2018, Indiana’s legislature enacted a statute that required physicians, hospitals, and abortion clinics to report to the state any adverse physical or psychological conditions arising from an abortion. The statute, known as the complications statute, included a nonexclusive list of 26 conditions considered reportable. Failure to comply with the statute subjected physicians, hospitals, and abortion clinics to criminal penalties that included fines and potential incarceration. Planned Parenthood of Indiana and Kentucky (Planned Parenthood) (plaintiff) promptly sued the commissioner of Indiana’s health department and various county prosecutors (state parties) (defendants), seeking a declaration that the complications statute was unconstitutionally vague on its face and a permanent injunction preventing the statute’s enforcement. The district court granted a preliminary injunction that prevented enforcement while the case was pending. In response, Indiana amended the statute to make the list of reportable conditions exclusive, meaning that only conditions on the list needed to be reported. Planned Parenthood argued that even as amended, the complications statute remained unconstitutionally vague. The district court agreed, finding that the statute was unconstitutionally vague and granting a permanent injunction preventing the statute’s enforcement. The state parties appealed.