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SUMMIT MEDICAL ASSOCIATES, P.C. v. PRYOR

No. 98-6129.

180 F.3d 1326 (1999)

SUMMIT MEDICAL ASSOCIATES, P.C., William Knorr, M.D., et al., on behalf of themselves and their patients seeking abortions, Plaintiffs-Appellees, v. Bill PRYOR, in his official capacity as Attorney General and his agents and successors, and Ellen Brooks, in her official capacity as Montgomery District Attorney, etc., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 15, 1999.

Attorney(s) appearing for the Case

Albert L. Jordan, Kimberly R. West, Charles B. Campbell, Wallace, Jordan, Ratliff & Brandt LLC, Birmingham, AL, Algert S. Agricola, Jr., Wallace, Jordan, Ratliff & Brandt, Montgomery, AL, for Pryor and Brooks.

Thomas J. Methvin, Jere L. Beasley, P. Leigh O'Dell, Beasley, Wilson, Allen, Crow & Methvin, P.C., Montgomery, AL, for Gov. James, State of Alabama.

Simon Heller, Julie F. Kay, Center for Reproductive Law & Policy, New York City, David Gespass, Kathleen M. Johnson, Gespass & Johnson, Birmingham, AL, for Plaintiffs-Appellees.

Before EDMONDSON, COX and MARCUS, Circuit Judges.

MARCUS, Circuit Judge:

The central issue raised in this interlocutory appeal is whether Alabama's Eleventh Amendment sovereign immunity bars this suit in federal court against the Governor, the Attorney General, and the District Attorney challenging the Alabama Partial-Birth Abortion Ban Act of 1997 ("partial-birth abortion statute") and the Abortion of Viable Unborn Child Act ("post-viability abortion statute"). We hold that Appellees' challenge to the statutes'...

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