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AMERICAN COLLEGE OF OBSTETRICIANS v. THORNBURGH

Nos. 82-1785, 82-1846.

737 F.2d 283 (1984)

AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, PENNSYLVANIA SECTION; Henry H. Fetterman, M.D., Thomas Allen, M.D., and Francis L. Hutchins, Jr., M.D. on behalf of themselves and all others similarly situated; Allen J. Kline, D.O., on behalf of himself and all others similarly situated; Brooks R. Susman; Paul Washington; Morgan P. Plant, on behalf of herself and all others similarly situated; Elizabeth Blackwell Health Center For Women; Planned Parenthood of Southeastern Pennsylvania; Reproductive Health and Counseling Center; and Women's Health Services, Inc., Appellants in No. 82-1785 and Cross-Appellees in No. 82-1846 v. Richard THORNBURGH, H. Arnold Muller, Hellen B. O'Bannon, Michael J. Browne, William R. Davis, Leroy S. Zimmerman, personally and in their official capacities, and Joseph A. Smyth, Jr., personally and in his official capacity, together with all others similarly situated, Appellees in No. 82-1785 and Cross-Appellants in No. 82-1846.

United States Court of Appeals, Third Circuit.

Reargued November 21, 1983.

Decided May 31, 1984.

Rehearing and Rehearing Denied June 28, 1984.

Attorney(s) appearing for the Case

Kathryn Kolbert (argued), Women's Law Project, John G. Harkins, Jr., Laurence Z. Shiekman, Thomas E. Zemaitis (argued), Brenda Y. Moss, Nancy H. Fullam, Pepper, Hamilton & Scheetz, Philadelphia, Pa., LeRoy S. Zimmerman, Atty. Gen., Andrew S. Gordon, Deputy Atty. Gen. (argued), Daniel R. Schuckers, Asst. Atty. Gen., Allen C. Warshaw, Deputy Atty. Gen., Harrisburg, Pa., Ronald T. Williamson, Asst. Dist. Atty., Norristown, Pa., for appellees.

Seth Kreimer, American Civil Liberties Union, University of Pennsylvania Law School, Philadelphia, Pa., Marsha Levick, NOW Legal Defense and Educ. Fund, New York City, for appellants.

John E. McKeever, Edward R. Grant, Gerry J. Woods, Joseph Cascarelli, Iovine & Woods, Philadelphia, Pa., for amici curiae, John D. Lane, M.D., et al.

Lori K. Serratelli, Serratelli & Schiffman, Andrea C. Jacobsen, Rains & Jacobsen, Harrisburg, Pa., for amici curiae, Pennsylvania NOW, The Greater Pittsburgh YWCA and The Philadelphia Reproductive Rights Organization.

Before SEITZ, Chief Judge, and HIGGINBOTHAM and SLOVITER, Circuit Judges.

Rehearing and Rehearing In Banc Denied June 28, 1984.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The Supreme Court has firmly established that the fundamental constitutional protection of privacy encompasses a woman's right to obtain an abortion. At issue before us is the appellants' contention that Pennsylvania's 1982 Abortion Control Act, 18 Pa.Cons.Stat.Ann. §§ 3201-3220 (Purdon 1983), impermissibly circumscribes that right. We examine...

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