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GUAM SOC. OF OBSTETRICIANS & GYNECOLOGISTS v. ADA

No. 90-16706.

962 F.2d 1366 (1992)

GUAM SOCIETY OF OBSTETRICIANS AND GYNECOLOGISTS; Guam Nurses Association; The Reverend Milton Cole, Jr.; Laurie Konwith; Edmund A. Griley, M.D.; William S. Freeman, M.D.; John Dunlop, M.D.; on behalf of themselves and all others similarly situated, and all their women patients, Plaintiffs-Appellees, v. Joseph F. ADA, Governor of Guam, in his official capacity, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 16, 1992.

As Amended June 8, 1992.

Attorney(s) appearing for the Case

Paul B. Linton, Americans United for Life, Chicago, Ill., Arnold H. Leibowitz, Cameron & Hornbostel, Washington, D.C., for defendant-appellant.

Anita P. Arriola, Arriola, Cowan & Bordallo, Agana, Guam, Lynn M. Paltrow, Simon Heller, American Civil Liberties Union Foundation, New York City, for plaintiffs-appellees.

Before: CHOY, D.W. NELSON and CANBY, Circuit Judges.

CANBY, Circuit Judge:

On March 19, 1990, the Territory of Guam enacted a statute ("the Act") outlawing almost all abortions.1 The only exceptions were abortions in cases of ectopic pregnancy, and abortions in cases where two physicians practicing independently reasonably determined that the pregnancy would endanger the life of the mother or "gravely impair" her health. All other abortions were...

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