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PLANNED PARENTHOOD SOUTHWEST OHIO REGION v. DeWINE

No. 11-4062.

696 F.3d 490 (2012)

PLANNED PARENTHOOD SOUTHWEST OHIO REGION; Planned Parenthood of Central Ohio; Planned Parenthood of Northeast Ohio; Timothy Kress; Laszlo Sogor; Preterm, Plaintiffs-Appellants, v. Mike DeWINE, Attorney General of Ohio; Joseph Deters, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 2, 2012.

Attorney(s) appearing for the Case

ARGUED: B. Jessie Hill , Case Western Reserve University School of Law, Cleveland, OH, for Appellants. Jeannine R. Lesperance , Office of the Ohio Attorney General, Columbus, OH, for Appellees. ON BRIEF: B. Jessie Hill , Case Western Reserve University School of Law, Cleveland, OH, Helene T. Krasnoff , Planned Parenthood Federation of America, Washington, D.C., Roger K. Evans , Planned Parenthood Federation of America, New York, NY, Alphonse A. Gerhardstein , Gerhardstein & Branch Co. LPA, Cincinnati, OH, Carrie L. Davis , for Appellants. Jeannine R. Lesperance , Erick D. Gale , Office of the Ohio Attorney General, Columbus, OH, for Appellees. Mailee R. Smith , Americans United For Life, Washington, D.C., for Amici Curiae.

MOORE, J., delivered the opinion of the court in which, ROGERS and McKEAGUE, JJ., joined in Parts I-V. MOORE, J. (pp. 507-13), delivered a separate Part VI, which dissents in part from the separate majority opinion delivered by McKEAGUE, J. (pp. 513-18), with which, ROGERS, J., concurs.

OPINION

KAREN NELSON MOORE, Circuit Judge.

In 2004, Ohio passed a law criminalizing the distribution of mifepristone, also known as RU-486, unless the distribution mirrored certain protocols and gestational time limits identified by the FDA when mifepristone was first approved in 2000. Ohio Rev.Code § 2919.123 (the "Act"). Mifepristone, in combination with misoprostol, was the only form of medical abortion offered by Planned Parenthood in Ohio. Planned...

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