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NORTHLAND FAMILY PLANNING CLINIC, INC. v. COX

Nos. 05-2417, 05-2418.

487 F.3d 323 (2007)

NORTHLAND FAMILY PLANNING CLINIC, INC.; Northland Family Planning Clinic, Inc.—West; Northland Family Planning Clinic, Inc.— East; Summit Medical Center, Inc.; Planned Parenthood of Mid-Michigan Alliance; Planned Parenthood of South Central Michigan; Stanley M. Berry; Timothy R.B. Johnson; Karoline S. Puder; Ronald C. Strickler, Plaintiffs-Appellees, v. Michael A. COX, Attorney General of the State of Michigan, Defendant-Appellant (05-2418), Kim L. Worthy, Prosecuting Attorney for Wayne County, Defendant, Standing Together to Oppose Partial-Birth-Abortion, Proposed Intervenor-Appellant (05-2417).

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 4, 2007.

Attorney(s) appearing for the Case

ARGUED: Robert Joseph Muise, Thomas More Law Center, Ann Arbor, Michigan, B. Eric Restuccia, Office of the Attorney General, Appellate Division, Lansing, Michigan, for Defendants. Brigitte Amiri, American Civil Liberties Union Foundation, New York, New York, for Plaintiffs. ON BRIEF: Robert Joseph Muise, Thomas More Law Center, Ann Arbor, Michigan, B. Eric Restuccia, Office of the Attorney General, Appellate Division, Lansing, Michigan, Ronald J. Styka, Michigan Department of Attorney General, Lansing, Michigan, for Defendants. Brigitte Amiri, S. Talcott Camp, American Civil Liberties Union Foundation, New York, New York, Sanford M. Cohen, Center for Reproductive Rights, New York, New York, Michael J. Steinberg, Kary L. Moss, American Civil Liberties Union Fund of Michigan, Detroit, Michigan, for Plaintiffs. Denise M. Burke, Mailee R. Smith, Americans United for Life, Chicago, Illinois, Kurt G. Calia, Covington & Burling, Washington, D.C., for Amici Curiae.

Before: MARTIN and COOK, Circuit Judges; BUNNING, District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

The Michigan Attorney General appeals the district court's decision declaring unconstitutional a state law that regulates abortion methods. Because we find that Michigan's law fails to comply with the explicit limitations that the Supreme Court has established for statutes regulating abortion, we agree with the district court's disposition, and affirm.

I.

In 2004, after a proposal by a citizen...

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