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CAUSEWAY MEDICAL SUITE v. IEYOUB

No. 95-31178.

109 F.3d 1096 (1997)

CAUSEWAY MEDICAL SUITE; Hope Medical Group for Women, on behalf of themselves and the patients they serve, Plaintiffs-Appellees, v. Richard P. IEYOUB, Attorney General of the State of Louisiana, Michael J. Foster, Jr., Governor, State of Louisiana, Bobby P. Jindal, Secretary of the Louisiana Department of Health and Hospitals, and Madlyn B. Bagneris, Secretary of the Louisiana Department of Social Services, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 14, 1997.

Attorney(s) appearing for the Case

Eve C. Gartner, Kathryn Bernard Kolbert, Center for Reproductive Law & Policy, New York City, William E. Rittenberg, New Orleans, LA, for Plaintiffs-Appellees.

Roy A. Mongrue, Jr., Asst. Atty. General, Thomas S. Halligan, Asst. Atty General, Baton Rouge, LA, for Defendants-Appellants.

Dorinda C. Bordlee, Metairie, LA, for Louisiana Lawyers for Life, Amicus Curiae.

John H. Henn, Foley, Hoag & Eliot, Boston, MA, for American Public Health Association, American Medical Women's Association, Amici Curiae.

Robin Elise Schulberg, American Civil Liberties Union Foundation of Louisiana, New Orleans, LA, for American Civil Liberties Union Foundation of Louisiana, Amicus Curiae.

Before POLITZ, Chief Judge, and EMILIO M. GARZA and STEWART, Circuit Judges.

STEWART, Circuit Judge:

We must decide whether certain provisions of Act 1254 (codified at La. R.S. 40:1299.35.5 (West Supp.1996)), which changed Louisiana's judicial bypass procedure for minors seeking abortions, comports with the Due Process Clause of the Fourteenth Amendment. We hold that it does not and affirm the district court's summary judgment which permanently enjoined La. R.S. 40:1299.35.5(B).

LEGISLATIVE BACKGROUND

In Louisiana, minors...

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