Samuel EUBANKS, M.D., et al., Plaintiffs-Appellants,
v.
Wallace WILKINSON, et al., Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued October 30, 1990.
Decided July 3, 1991.
Attorney(s) appearing for the Case
David A. Friedman, Bonnie M. Brown, American Civ. Liberties Union of Kentucky, Louisville, Ky., Lynn M. Paltrow (argued), Janet Benshoof, Rachael N. Pine, Dawn Johnson, American Civ. Liberties Union Foundation, New York City, for plaintiffs-appellants.
Ryan M. Halloran, General Counsel, William K. Moore, Charlotte Levy, Staff Attys., Stanley A. Stratford, Asst. General Counsel, Sandra E. Downs, Cabinet for Human Resources, Office of the Counsel, Frankfort, Ky., Frederic J. Cowan, Atty. Gen., Mary James Young, Asst. Atty. Gen. (argued), Office of the Atty. Gen. of Kentucky, Frankfort, Ky., Ernest Jasmin, Louisville, Ky., Ray Larson, Commonwealth Attorney's Office, Lexington, Ky., N. Scott Lilly, Asst. County Atty., Louisville, Ky., Florence Huffman, Lexington, Ky., for defendants-appellees.
Julie J. Giordano, Amy E. Dougherty, The Rutherford Institute of Kentucky, Bluegrass Chapter, Inc., Jerry L. Horn, Bussey, Horn & Hayden, Lexington, Ky., Thomas M. Troth (argued), Swinford & Sims, Cynthiana, Ky., for intervenor-appellee.
Bonnie Thie, Seattle, Wash., Theodore H. Amshoff, Jr., Guy Anthony Bayes, Amshoff, Amshoff & Searcy, Louisville, Ky., Ann-Louise Lohr, Chicago, Ill., for amicus curiae.
Before MERRITT, Chief Judge, WELLFORD, Senior Circuit Judge, and DEMASCIO, Senior District Judge.
United States Court of Appeals, Sixth Circuit.
MERRITT, Chief Judge.
This case raises two issues concerning the severance of unconstitutional portions of a parental consent abortion statute. The plaintiffs, doctors and others, appeal the ruling of the District Court in their challenge to Kentucky's statute requiring physicians to obtain the consent of both parents of a minor prior to performing an abortion on the minor. The District Court found significant portions of the statute unconstitutional but preserved...
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