U.S. v. WILSON

No. 95-1871.

73 F.3d 675 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. George WILSON, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 29, 1995.

Rehearing and Suggestion for Rehearing Denied February 21, 1996.


Attorney(s) appearing for the Case

Mel S. Johnson, Office of United States Attorney, Milwaukee, WI, Eileen Penner (argued), Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, for U.S.

Robert J. Penegor, Carl W. Chesshir, Steven C. Spear, Brookfield, WI, for George L. Wilson.

Rene L. Wright (argued), Soldotna, AK, for John R. Stambaugh.

Brian Fahling (argued), Bruce W. Green, Stephen M. Crampton, American Family Association, Tupelo, MS, John J. Broderick, Syosset, NY, for Michael M. Skott.

Alexander Flynn (argued), Milwaukee, WI, for James A. Ketchum.

Robert C. Braun, West Allis, WI, pro se.

William R. Kerner (argued), Wauwatosa, WI, for Daniel J. Balint.

Lorie A. Chaiten, Camille E. Bennett, Sonnenschein, Nath & Rosenthal, Chicago, IL, David A. Strauss, University of Chicago Law School, Chicago, IL, for Planned Parenthood Federation of America, Incorporated, amicus curiae.

Deborah A. Ellis, New York City, Catherine Albisa, Center for Reproductive Law & Policy, New York City, for American College of Obstetricians and Gynecologists, American Civil Liberties Union Foundation, American Civil Liberties Union of Wisconsin, American Medical Women's Association, Feminist Majority Foundation, National Abortion Federation, National Center for the Pro Choice Majority, National Organization for Women, Incorporated, National Women's Law Center, Wisconsin National Organization for Women, Wisconsin Women's Network, Women's Law Project, Women's Legal Defense Fund, amicus curiae.

Before CUMMINGS, BAUER and COFFEY, Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied February 21, 1996.*

CUMMINGS, Circuit Judge.

At issue is the constitutionality of the Freedom of Access to Clinic Entrances Act ("Access Act"), 18 U.S.C. § 248, which proscribes physical obstruction of facilities providing reproductive health services. The district court held that the Access Act exceeded Congress's power to legislate...

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