Paul A. ISAACSON, M.D.; William Clewell, M.D.; Hugh Miller, M.D., Plaintiffs-Appellants,
v.
Tom HORNE, Attorney General of Arizona, in his official capacity; William Gerard Montgomery, County Attorney for Maricopa County, in his official capacity; Barbara Lawall, County Attorney for Pima County, in her official capacity; Arizona Medical Board; Lisa Wynn, Executive Director of the Arizona Medical Board, in her official capacity, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
David R. Cole (argued), Solicitor General; Thomas M. Collins , Assistant Attorney General, Arizona Attorney General's Office, Phoenix, AZ, for Defendants-Appellees Thomas C. Horne , Arizona Attorney General, Arizona Medical Board, and Lisa Wynn , Executive Director of the Arizona Medical Board.
Denise M. Burke , Mailee R. Smith , and Clarke D. Forsythe , Americans United for Life, Washington, D.C., for Amici Curiae Association of American Physicians & Surgeons, American Association of Pro-Life Obstetricians and Gynecologists, Christian Medical & Dental Associations, Catholic Medical Association, Physicians for Life, and National Association of Prolife Nurses.
David J. Cantelme , Cantelme & Browne, P.L.C., Joshua A. Kredit , Center for Arizona Policy, Inc., Phoenix, AZ, for Amicus Curiae Center for Arizona Policy, Inc.
Gregrey G. Jernigan , General Counsel, Office of the President of the Arizona State Senate, Peter A. Gentala , Office of the Speaker of the Arizona House of Representatives, Phoenix, AZ, for Amici Curiae Andrew M. Tobin, Speaker of the Arizona House of Representatives, and Steve Pierce, President of the Arizona Senate.
Before: MARY M. SCHROEDER, ANDREW J. KLEINFELD, and MARSHA S. BERZON, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
OPINION
BERZON, Circuit Judge.
Our question is whether the Constitution permits the Arizona legislature to prohibit abortion beginning at twenty weeks gestation, before the fetus is viable. We hold that it does not.
Arizona House Bill 2036 ("H.B.2036" or "the Act"), enacted in April 2012, forbids, except in a medical emergency, abortion of a fetus determined to be of a gestational age of at least...
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