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CARR v. AXELROD

Nos. 92 Civ. 0305 (GLG), 92 Civ. 0509 (GLG).

798 F.Supp. 168 (1992)

Joseph CARR, in his official capacity as President of Northern Westchester Putnam Assistance to Mother and Unborn Child, Inc., Plaintiff, v. David AXELROD, M.D., in his capacity as Commissioner of Health of the State of New York, and Robert Abrams, Attorney General of the State of New York, Defendants. The PEOPLE OF THE STATE OF NEW YORK, by Robert ABRAMS, Attorney General of the State of New York, Plaintiff, v. NORTHERN WESTCHESTER PUTNAM ASSISTANCE TO MOTHER AND UNBORN CHILD, INC., d/b/a Alternative Pregnancy Center, and Joseph Carr, Individually and as President of Northern Westchester Putnam Assistance to Mother and Unborn Child, Inc., Defendants.

United States District Court, S.D. New York.

July 15, 1992.

Attorney(s) appearing for the Case

A. Lawrence Washburn, Jr., New York City, Bleakley Platt & Schmidt, White Plains, N.Y. (William P. Harrington, Jr., of counsel), for Carr and Alternative Pregnancy Center.

Robert Abrams, Atty. Gen., State of N.Y., Bureau of Consumer Frauds and Protection, Poughkeepsie, N.Y. (G. Nicholas Garin, of counsel), for New York and the State defendants.

OPINION

GOETTEL, District Judge:

While Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973), has been reaffirmed, the effect of the Supreme Court's decision in Planned Parenthood of Southeastern Pennsylvania v. Casey, ___ U.S. ___, 112 S.Ct. 2791, 120 L.Ed.2d 674 (1992), has been simply to shift the battlegrounds for the abortion wars to the states who are now vested with the limited power to regulate...

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