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HILL v. KEMP

No. 05-5160.

478 F.3d 1236 (2007)

Harold E. HILL; Margaret R. McCright; William F. Mccright; John J. McQueen; Rita J. Moskowitz; Barbara Santee; Oklahoma Religious Coalition for Reproductive Choice Education Fund, Inc., Plaintiffs-Appellants, v. Thomas E. KEMP, Chairman, Oklahoma Tax Commission; Jerry Johnson, Vice Chairman, Oklahoma Tax Commission; Connie Irby, Secretary-Member, Oklahoma Tax Commission; Scott Meacham, Treasurer, Oklahoma State Treasury; Howard H. Hendrick, Director, Oklahoma Department of Human Services; Brad Henry, Governor of the State of Oklahoma; W.A. Drew Edmondson, Attorney General of the State of Oklahoma, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 6, 2007.

Attorney(s) appearing for the Case

Suzanne M. Grosso (Molly S. Boast with her on the briefs), Debevoise & Plimpton, LLP, New York, New York; Priscilla J. Smith and Sanford M. Cohen, Center for Reproductive Rights, New York, New York; Martha M. Hardwick, Hardwick Law Office, Tulsa, Oklahoma, for Plaintiffs-Appellants.

Ernest H. Short, General Counsel (Douglas B. Allen and Cara S. Nicklas, Assistants General Counsel, with him on the brief), Oklahoma Tax Commission, Oklahoma City, Oklahoma, for Defendants-Appellees Thomas E. Kemp, Jerry Johnson, and Connie Irby.

Richard W. Freeman, Jr., Assistant General Counsel, Department of Human Services, Oklahoma City, Oklahoma,(Kevin L. McClure, Assistant Attorney General, Oklahoma City, Oklahoma, with him on the briefs), for Defendants-Appellees Howard H. Hendrick, Scott Meacham, Brad Henry, and W.A. "Drew" Edmondson.

Before TYMKOVICH, EBEL, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

Certain individuals who license and operate their cars in the State of Oklahoma (the "Motorists"), together with the Oklahoma Religious Coalition for Reproductive Choice Education Fund, Inc. ("ORC"), argue that Oklahoma's statutory scheme for specialty motor vehicle license plates is unconstitutional under the First and Fourteenth Amendments. In claims one through four of their amended complaint, the Motorists contend that Oklahoma's laws unlawfully...

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