UTAH WOMEN'S CLINIC, INC.; Edward R. Watson, M.D.; Madhuri Shah, M.D.; Laurel Shepherd, M.D.; Alissa Porter; Wendy Edwards; Wasatch Women's Center, P.C.; William R. Adams, M.D.; Denise Defa and Sarah Roe, on behalf of herself and all other similarly situated women from Utah and surrounding states, Plaintiffs-Appellants,
v.
Michael LEAVITT, Governor of the State of Utah, in his individual and official capacities; Jan Graham, Attorney General of Utah, in her individual and official capacities; and their successors, Defendants-Appellees.
Planned Parenthood of the Rocky Mountains, Inc., California Women Lawyers, Society of American Law Teachers, Women's Law Project, American Civil Liberties Union, National Abortion and Reproductive Rights Action League, National Organization for Women, Inc., National Women's Law Center, NOW Legal Defense and Education Fund, Planned Parenthood Federation of America, Women's Legal Defense Fund, and United States of America, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
November 22, 1995.
Publication Ordered February 1, 1996.
Attorney(s) appearing for the Case
Submitted on the Briefs*
Eva C. Gartner, Janet Benshoof, Kathryn Kolbert, The Center for Reproductive Law & Policy, New York City, Shirley M. Hufstedler, Morrison & Foerster, Los Angeles, California, and Martin W. Custen, Marquardt, Hasenyager & Custen, Ogden, Utah, for Plaintiffs-Appellants.
Brent A. Burnett, J. Mark Ward, Reed M. Stringham III, Jerrold S. Jensen, Assistant Attorneys General, and Jan Graham, Attorney General, State of Utah, Salt Lake City, Utah, for Defendants-Appellees.
Donald W. Hoagland and Thomas S. Nichols, Davis, Graham & Stubbs, L.L.C., Denver, Colorado, for Amicus Curiae Planned Parenthood of the Rocky Mountains, Inc.
Dawn M. Shock, Mary Ann Soden, Karen L. Donald, Keesal, Young & Logan, Long Beach, California, for Amicus Curiae California Women Lawyers.
Eileen Kaufman, Touro Law Center, Huntington, New York, for Amicus Curiae Society of American Law Teachers.
Linda J. Wharton and Susan Frietsche, Women's Law Project, Philadelphia, Pennsylvania, for Amici Curiae Women's Law Project, American Civil Liberties Union, National Abortion and Reproductive Rights Action League, National Organization for Women, Inc., National Women's Law Center, NOW Legal Defense and Education Fund, Planned Parenthood Federation of America, and Women's Legal Defense Fund.
David K. Flynn and Eileen Penner, Attorneys, Civil Rights Division, Department of Justice, Washington, D.C., for Amicus Curiae the United States.
Before TACHA, BALDOCK and KELLY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
PAUL KELLY, Jr., Circuit Judge.
Plaintiffs appeal from the district court's adverse judgment on their constitutional challenge to various statutory provisions enacted in Utah regarding informed consent prior to an abortion. Aplt.App. 1110-13. The provisions were modeled after those upheld in Planned Parenthood v. Casey,505 U.S. 833, 112 S.Ct. 2791, 120 L.Ed.2d 674 (1992). They also appeal from the district court's judgment awarding...
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