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Failure to comply with the law is a class B misdemeanor punishable by up to six months in prison and $1,000 in fines. Planned Parenthood of Indiana and Kentucky filed a complaint arguing that the law is unconstitutionally vague. A three-judge panel of the appellate court reversed the lower courtdecision in a 2-1 split.
Justice Sotomayor dissented, writing that she believed the Court’s interpretation would allow defendants to “sidestep” the general bar on appellate review by “shoehorning” a civil rights or federal officer removal argument into their case for removal. They seek a courtdecision setting aside government approvals of the power plant.
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