United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

June 8, 2018

By the Court:

No. 17-3163

PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., et Appeal from the United States District al., Court for the Southern District of Plaintiffs-Appellees, Indiana, Indianapolis Division. v. No. 1:16-cv-00763-TWP-DML COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, et Tanya Walton Pratt, al., Judge. Defendants-Appellants.

ORDER

Defendants-appellants have requested en banc review in this case limited to the question of the constitutionality of Ind. Code § 16-34-3-4, which regulates the disposal of fetal remains after an abortion or miscarriage. A majority of the judges in active service have voted to grant the state’s petition. Accordingly, the petition for rehearing en banc is GRANTED. Part II.B of the panel’s opinion of April 19, 2018, Planned Parenthood of Ind. and Ky., Inc. v. Comm’r of the Ind. State Dept. of Health, 888 F.3d 300, 307–10 (7th Cir. 2018), is VACATED, and the judgment is also VACATED insofar as it affirmed the district court’s decision to enjoin enforcement of the fetal disposition statute. The court will set a date for the en banc oral argument by separate order.