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JACKSON WOMEN'S HEALTH ORGANIZATION v. CURRIER

No. 13-60599.

760 F.3d 448 (2014)

JACKSON WOMEN'S HEALTH ORGANIZATION, on behalf of itself and its patients; Willie Parker, M.D., M.P.H., M.Sc., on behalf of himself and his patients, Plaintiffs-Appellees v. Mary CURRIER, M.D., M.P.H., in her official capacity as State Health Officer of the Mississippi Department of Health; Robert Shuler Smith, in his official capacity as District Attorney for Hinds County, Mississippi, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 29, 2014.

Attorney(s) appearing for the Case

Robert Bruce McDuff, Esq. , Jackson, MS, Aaron Sean Delaney , Paul, Weiss, Rifkind, Wharton & Garrison, L.L.P., New York, NY, Julie Rikelman, Esq. , Lara Rabiee , Center for Reproductive Rights, New York, NY, for Plaintiffs-Appellees.

Paul Eldridge Barnes, Esq. , Wilson Douglas Minor, Esq. , Assistant Attorney General, Office of the Attorney General, Jackson, MS, for Defendants-Appellants.

Before JOLLY, GARZA, and HIGGINSON, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Given that the Supreme Court long ago determined that the Constitution protects a woman's right to choose an abortion, the ultimate issue in this appeal is whether the State of Mississippi can impose a regulation that effectively will close its only abortion clinic. The State of Mississippi, however, argues that Mississippi citizens can obtain an abortion in Tennessee, Louisiana, or Alabama without imposing an undue burden upon Mississippi...

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