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MKB MANAGEMENT CORP. v. STENEHJEM

No. 14-2128.

795 F.3d 768 (2015)

MKB MANAGEMENT CORP., doing business as Red River Women's Clinic; Kathryn L. Eggleston, M.D., Plaintiffs-Appellees, v. Wayne STENEHJEM, in his official capacity as Attorney General for the State of North Dakota; Larry Johnson, M.D.; Robert Tanous, D.O.; Kate Larson, P.A.C.; Norman Byers, M.D.; Cory Miller, M.D.; Kayleen Wardner; Gaylord J. Kavlie, M.D.; Kent Martin, M.D.; Kent Hoerauf; Burt L. Riskedahl; Jonathan Haug, M.D.; Genevieve Goven, M.D.; Robert J. Olson, M.D., in their official capacities as members of the North Dakota Board of Medical Examiners, Defendants-Appellants, Birch Burdick, in his official capacity as State Attorney for Cass County, Defendant. Foundation for Moral Law; Lutherans for Life; Women Injured by Abortion; An Abortion Survivor-Dawn Milberger and Sandra Cano; The Former "Mary Doe" of "Doe v. Bolton", Amici on Behalf of Appellant(s). American Psychological Association; American Public Health Association; American College of Obstetricians and Gynecologists; Physicians for Reproductive Health; Program for the Study of Reproductive Justice-Information Society Project at the Yale Law School, Amici on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: July 22, 2015.

Attorney(s) appearing for the Case

Daniel L. Gaustad , argued ( Ronald F. Fischer , Joseph E. Quinn , on the brief), Grand Forks, ND, for Defendants-Appellants.

Foundation for Moral Law and Lutherans for Life, amicus curiae, John A. Eidsmoe , on the brief, Montgomery, AL, for appellants.

Women Injured by Abortion, an Abortion Survivor-Dawn Milberger , and Sandra Cano , The Former "Mary Doe" of Doe v. Bolton , amicus curiae, Allan E. Parker, Jr. , San Antonio, TX, Kathleen Cassidy Goodman , Helotes, TX, on the brief, for appellants.

Janet Crepps , argued, New York, NY, Rebecca S. Thiem , Thomas A. Dickson , Bismarck, ND, David Patrick Brown , New York, NY, on the brief, for appellees.

American Psychological Association, amicus curiae, Nathalie F.P. Gilfoyle , Kimberly A. Parker , Washington, D.C., Anna E. Lumelsky , Boston, MA, on the brief, for appellees.

American Public Health Association, amicus curiae, Shannon Rose Selden , Courtney M. Dankworth , Miranda H. Turner , on the brief, New York, NY, for appellees.

American College of Obstetricians and Gynecologists and Physicians for Reproductive Health, amicus curiae, Claude G. Szyfer , Jerry H. Goldfeder , Jennifer J. Arbuse , on the brief, New York, NY, for appellees.

Program for the Study of Reproductive Justice-Information Society Project at the Yale Law School, amicus curiae, Priscilla J. Smith , on the brief, Brooklyn, NY, for appellees.

Before SMITH, BENTON, and SHEPHERD, Circuit Judges.

This case presents the question whether, given the current state of medical science, a state generally may prohibit physicians from aborting unborn children who possess detectable heartbeats. The district court1 held that it may not. Because United States Supreme Court precedent does not permit...

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