U.S. Seventh Circuit Upholds Indiana Ban On Use Of Aborted Baby Parts For Experiments

INDIANAPOLIS – The U.S. Seventh Circuit has reversed an injunction blocking Indiana’s ban on the use of fetal tissue from aborted babies for experiments.

Writing the majority opinion in the 2-1 ruling, U.S. Circuit Judge Frank Easterbrook rejected District Court Judge Jane Magnus-Stinson’s assertion that the language of the 2016 law is unclear.

“The district court…held that the words ‘acquires’, ‘receives,’ and ‘transfers’, and the phrase ‘any other part’, are too uncertain to have legal force. If that is right, then big chunks of the legal system are invalid, because those words are ubiquitous in statutes, regulations, and judicial opinions,” wrote Easterbrook.

The Trustees of Indiana University sued Indiana after passage of the law in 2016 to block it from taking effect.

In its ruling, the Seventh Circuit also rejected Indiana University’s claim that the law is an infringement on its academic freedoms under the First Amendment. In addition, the ruling denied Indiana University’s right to sue the state of Indiana, writing, “The university, as part of Indiana, is not entitled to sue its own state. Indiana’s legislature is free to decide what use (including none) to make of Indiana’s property.”.

“We applaud the Seventh Circuit for upholding Indiana’s right to block the use of tissue from aborted babies for experimental purposes,” states Indiana Right to Life President and CEO Mike Fichter. “This law affirms the dignity and humanity of aborted children by preventing their body parts and tissue from being trafficked and exchanged as material for ghoulish experiments.”