Abortion

On remand from the Supreme Court, the Seventh Circuit reaffirmed an injunction against Indiana’s requirement that a minor’s parents be notified if she is seeking an abortion through the judicial bypass process, finding that constitutional standards for state regulations on a woman’s right to end a pregnancy are “not stable, but they have not been changed, at least not yet, in a way that would change the outcome here.”

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Toll Roads

The Seventh Circuit ruled for Indiana in a challenge brought by truckers to a 35% toll hike on I-90. The state, like any private proprietor, may turn a profit from its maintenance of the toll road and is not required to reinvest all toll monies into road maintenance. The toll is neutral with respect to the origin and destination of the trucks so it does not discriminate against interstate commerce.

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Covid-19

A federal judge ruled that Indianapolis bars and nightclubs cannot sue the city for enforcing a county-wide public health order prohibiting public gatherings in order to prevent the spread of Covid-19. The city cannot be held responsible for an order it did not issue, without evidence that the city worked in conjunction with the county to impose restrictions on nightlife establishments.

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Absentee Ballots

The Seventh Circuit stayed an injunction that had required Indiana to count all absentee ballots received by Nov. 13, finding the state’s law requiring all ballots to be received by noon on Election Day is “rational.” The circuit court added that the Supreme Court “insists the federal judges not change electoral rules close to an election.”

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