JANE L. v. BANGERTER

Nos. 93-4044, 93-4059.

61 F.3d 1493 (1995)

JANE L., on behalf of herself and all others similarly situated; Utah Women's Clinic, P.C.; Planned Parenthood Association of Utah; David Hansen, M.D.; Madhuri Shah, M.D.; John Carey, M.D.; Dan Chichester, M.D.; Kirtly Parker Jones, M.D.; Kathleen Kennedy, M.D.; Neil K. Kochenour, M.D.; Rhonda Lehr, M.D.; Claire Leonard, M.D.; Kenneth Ward, M.D.; Bonnie Jeanne Baty, M.D.; Susan Elizabeth Lyons, L.C.S.W.; Janet Lynn Wolf, L.C.S.W.; Leslie McDonald-White, L.C.S.W.; Reverend David Butler; Reverend Barbara Hamilton-Holway; Reverend George H. Lower; Reverend Lyle D. Sellards; Reverend Doctor Alan Condie Tull; Reverend Marie Soward Green; Rabbi Frederick L. Wenger; Jane J. Freedom, (Pseudo-Name); Julie Spouse, (Pseudo-Name); American College of Obstetricians and Gynecologists, Utah Sections; Penny Thompson; Wendy Edwards, Plaintiffs-Appellants, v. Norman H. BANGERTER, as Governor of the State of Utah; Paul Van Dam, Attorney General, as Attorney General of Utah, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 2, 1995.


Attorney(s) appearing for the Case

Simon Heller (Janet Benshoof and Rachael Pine, of The Center for Reproductive Law & Policy, New York City; and Jeffrey R. Oritt, of Cohne, Rappaport & Segal, P.C., Salt Lake City, UT; and A. Howard Lundgren, of Bugden & Lundgren, Salt Lake City, UT, with him on the briefs), of The Center for Reproductive Law & Policy, New York City, for plaintiffs-appellants.

Jerrold S. Jensen, Asst. Atty. Gen. (Jan Graham, Utah Atty. Gen. and Brent A. Burnett, Asst. Atty. Gen., with him on the brief), Salt Lake City, UT, for defendants-appellees.

Before SEYMOUR, Chief Judge, MOORE, Circuit Judge, and BROWN, Senior District Judge.


SEYMOUR, Chief Judge.

In the instant case, we are called upon to determine the legal vitality of several provisions of Utah's 1991 abortion law against the backdrop of Planned Parenthood of Southeastern Pennsylvania v. Casey, ___ U.S. ___, 112 S.Ct. 2791, 120 L.Ed.2d 674 (1992). On January 25, 1991, Utah's governor signed "An Act Relating to Abortion; Prohibiting Abortion Except Under Specified Circumstances." This legislation, which prohibited all abortions...

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