Welty et al. v. Dunaway et al.

Docket No.
25-5738
Appellate Court
Sixth Circuit

Goal

  • Block enforcement of a law
  • Declaration that a law is unlawful

Issues

Case History

Why this Matters:

The plaintiffs argue that a state law that criminalizes speech and travel related to lawful abortion care violates the First and Fourteenth Amendments of the U.S. Constitution. Both parties appeal a partial judgment on the plaintiffs’ motion for summary judgment.

Potential Impact:

Accurate information and the ability to travel help ensure that women can receive a referral and travel to access the lawful reproductive health care that they want or need.

19 Major Filings

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Related Litigation

Current Status

Briefing is ongoing

Important Date

Defendants' Third Brief Due

Legal Issues

First Amendment - Free Speech Clause, Fourteenth Amendment - Void for Vagueness, First Amendment - Overbreadth Doctrine

Amicus Briefs for Plaintiff(s)

American Civil Liberties Union et al.; Illinois et al.; Midwest Access Coalition Inc.; Compassion & Choices; Global Justice Center; If/When/How: Lawyering for Reproductive Justice; National Center for Youth Law; Physicians for Human Rights

Amicus Briefs for Defendant(s)

Thomas More Society; Commonwealth of Kentucky et al.

Topic(s)

Right to Travel

Date Filed
August 17, 2025
Case Type
Civil
Court Type
Appellate Court
Court
Sixth Circuit
Plaintiff(s)
Rachel Welty; Aftyn Behn
Lead Counsel For Plaintiff(s)
Horwitz Law PLLC
Defendant(s)
Bryant C. Dunaway; Jason Lawson; Jennings H. Jones; Ray Whitley; Robert J. Nash; Glenn Funk; Stacey Edmonson; Brent Cooper; Ray Crouch; Hans Schwendimann
Lead Counsel for Defendant(s)
Government