CASEY v. PLANNED PARENTHOOD

Nos. 93-1503, 93-1504.

14 F.3d 848 (1994)

Robert P. CASEY; Allan S. Noonan; Ernest D. Preate, Jr., Petitioners, v. PLANNED PARENTHOOD OF SOUTHEASTERN PENNSYLVANIA; Reproductive Health and Counseling Center; Women's Health Services, Inc.; Women's Suburban Clinic; Allentown Women's Center; and Thomas Allen, M.D., Respondents, and The Honorable Daniel H. Huyett, 3rd, Judge, United States District Court, Nominal Respondent. PLANNED PARENTHOOD OF SOUTHEASTERN PENNSYLVANIA; Reproductive Health and Counseling Center; Women's Health Services, Inc.; Women's Suburban Clinic; Allentown Women's Center; Thomas Allen, M.D., on behalf of himself and all others similarly situated v. Robert P. CASEY; N. Mark Richards; Ernest D. Preate, Jr., personally and in their official capacities; Michael D. Marino, 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 January 14, 1994.


Attorney(s) appearing for the Case

John G. Knorr, III (argued), Office of Atty. Gen. of Pennsylvania, Dept. of Justice, Harrisburg, PA, for petitioners/appellants.

Kathryn Kolbert (argued), New York City, Linda J. Wharton, Women's Law Project, Philadelphia, PA, for respondents/appellees.

Roger K. Evans, Planned Parenthood Federation of America, Inc., New York City, for respondent/appellee Planned Parenthood of Southeastern Pennsylvania.

Before: SCIRICA, COWEN and ROSENN, Circuit Judges.


OPINION OF THE COURT

SCIRICA, Circuit Judge.

The Supreme Court, in deciding this case on appeal, laid down a specific mandate: "The judgment in No. 91-902 is affirmed. The judgment in No. 91-744 is affirmed in part and reversed in part, and the case is remanded for proceedings consistent with this opinion, including consideration of the question of severability." Planned Parenthood of Southeastern Pa. v. Casey, ___ U.S. ___, ___, 112 S.Ct. 2791, 2833...

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