CHEFFER v. RENO

No. 94-2976.

55 F.3d 1517 (1995)

Myrna CHEFFER, individually; Judy Madsen, individually, Plaintiffs-Appellants, v. Janet RENO, Attorney General of the United States of America, in her official capacity; Charles R. Wilson, United States Attorney for the Middle District of Florida, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 23, 1995.


Attorney(s) appearing for the Case

Mathew Duane Staver, Frederick Herbert Nelson, Staver & Associates, Orlando, FL, for appellants.

Neil H. Koslowe, Mark B. Stern, Jonathan R. Siegel, Mark Levy, U.S. Dept. of Justice (Civil Division, Appellate Staff), Washington, DC, for appellees.

Catherine Albisa, Center for Reproductive Law, New York City, amiciae curiae for Center for Reproductive Law.

Before ANDERSON and CARNES, Circuit Judges, and RONEY, Senior Circuit Judge.


ANDERSON, Circuit Judge:

Appellants, anti-abortion activists, challenge the constitutionality of the Freedom of Access to Clinic Entrances Act of 1994 (the Access Act or Act), Pub.L. No. 103-259, 108 Stat. 694 (1994) (codified at 18 U.S.C. § 248). Appellants argue that Congress lacks authority to pass the Access Act and, therefore, the Act infringes on state sovereignty in violation of the Tenth Amendment. Appellants also challenge the Act's constitutionality...

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