This Court of Appeals oral argument will take place in the Supreme Court Courtroom.

Hoosier Jews for Choice and several Anonymous Plaintiffs (collectively, the Plaintiffs) filed suit in Marion County against the Individual Members of the Medical Licensing Board of Indiana and prosecutors in Lake, Marion, Monroe, St. Joseph, and Tippecanoe counties (collectively, the Defendants). The Plaintiffs claimed Indiana’s law limiting abortions—now codified as Indiana Code § 16-34-2-1—violates the Plaintiffs’ rights under Indiana’s Religious Freedom Restoration Act. They sought a preliminary injunction prohibiting the Defendants from enforcing the law against them until the trial court could decide the issues posed by their complaint. The trial court granted the preliminary injunction, and the Defendants appeal that judgment. The Defendants claim Indiana courts lack jurisdiction to hear Plaintiffs’ claims because either Plaintiffs lack standing or their claims are not ripe for adjudication. The Defendants also assert that Plaintiffs were not entitled to injunctive relief.

After that appeal was fully briefed, the trial court granted the Plaintiffs’ motion for class certification. The court defined the class as “[a]ll persons in Indiana whose religious beliefs direct them to obtain abortions in situations prohibited by Senate Enrolled Act No. 1(ss) who need, or will need, to obtain an abortion and who are not, or will not be, able to obtain an abortion because of the Act.” At the State’s request, the trial court certified the judgment for interlocutory appeal, and this Court granted jurisdiction. The Court ordered expedited briefing of the interlocutory appeal, consolidated this appeal with the injunction appeal, and rescheduled oral argument for December 6. Given that the class action certification challenge has not been briefed, the parties’ exact claims are unknown.

The scheduled panelists are Judge Bailey, Judge May, and Judge Weissmann.