PLANNED PARENTHOOD OF SOUTHEASTERN PA. REPRODUCTIVE HEALTH AND COUNSELING CENTER v. CASEY

No. 90-1662.

978 F.2d 74 (1992)

PLANNED PARENTHOOD OF SOUTHEASTERN PENNSYLVANIA REPRODUCTIVE HEALTH AND COUNSELING CENTER, Women's Health Services, Inc., Women's Suburban Clinic, Allentown Women's Center, Allen, Thomas, M.D., on Behalf of himself and all others similarly situated v. CASEY, Robert P., Richards, N. Mark, Preate, Ernest, personally and in their official capacities, and Marino, Michael D., personally and in his official capacity, together with all others similarly situated. Robert P. Casey, N. Mark Richards and Ernest D. Preate, Jr., Appellants.

United States Court of Appeals, Third Circuit.

Decided October 30, 1992.


Attorney(s) appearing for the Case

Ernest D. Preate, Jr., Atty. Gen., Kate L. Mershimer, Senior Deputy Atty. Gen., Calvin R. Koons, Senior Deputy Atty. Gen., John G. Knorr, III, Chief Deputy Atty. Gen., Chief, Litigation Section, Office of the Atty. Gen., Harrisburg, Pa., for appellants.

Thomas E. Zemaitis, Stephen J. Cipolla, Jody Kathleen Marcus, Pepper, Hamilton & Scheetz, Philadelphia, Pa., Linda Wharton, Women's Law Project, Philadelphia, Pa., Kathryn Kolbert, American Civil Liberties Union, Reproductive Freedom Project, Roger K. Evans, Dara Klassel, Planned Parenthood Federation of America, Inc., New York City, Seth Kreimer, University of Pennsylvania Law School, Philadelphia, Pa., for appellees.

Susan Oliver Renfer, Ann-Louise Lohr, Kevin J. Todd, Americans United for Life, Chicago, Ill., John E. McKeever, Philadelphia, Pa., for amicus curiae American Academy of Medical Ethics.

Phyllis Gelman, Nancy A. Breslow, New York City, Barbara J. Hart, Pennsylvania Coalition Against Domestic Violence, Reading, Pa., for amicus curiae Pennsylvania Coalition Against Domestic Violence, Pennsylvania Coalition Against Rape, New Jersey Coalition for Battered Women, Women's Coalition of St. Croix, Virgin Islands, Families in Transition Center of Milford, Del., National Clearinghouse for the Defense of Battered Women, Nat. Coalition Against Domestic Violence, Nat. Woman Abuse Prevention Project, Domestic Violence Research and Resources, Connecticut Coalition Against Domestic Violence, Clinton County Women's Center, Hospitality House Services for Women, Inc., Laurel House, Pennsylvania Campaign for Choice Survivors, Inc., Tioga County Women's Coalition, Women Against Abuse, Inc. and Women Against Abuse Legal Center, Inc. and Women's Center & Shelter of Greater Pittsburgh.

James Eiseman, Jr., Drinker, Biddle & Reath, Philadelphia, Pa., for amicus curiae Pennsylvania Chapter of the American College of Emergency Physicians.

Before: STAPLETON, ALITO and SEITZ, Circuit Judges.


Submitted under Third Circuit Rule 12(6) September 25, 1992.

OPINION OF THE COURT

SEITZ, Circuit Judge.

The Supreme Court of the United States upheld, with two exceptions, the constitutionality of certain provisions of the Pennsylvania Abortion Control Act of 1982, as amended in 1988 and 1989. 18 Pa.Cons. Stat. §§ 3203-3220 (1990) (the "Act"). Planned Parenthood v. Casey, ___ U.S. ___, 112 S.Ct. 2791, 120 L.Ed.2d 674 (1992). It,...

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