WOMEN'S MEDICAL PROFESSIONAL CORPORATION, Martin Haskell, M.D., Plaintiffs-Appellees,
v.
George VOINOVICH, Governor, State of Ohio, Betty D. Montgomery, Ohio Attorney General, Defendants-Appellants (96-3157),
Mathias H. Heck, Jr., Montgomery County Prosecuting Attorney, Defendant-Appellant (96-3159).
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued May 2, 1997.
Decided November 18, 1997.
Attorney(s) appearing for the Case
David C. Greer (briefed), Bieser, Greer & Landis, Dayton, Ohio, Alphonse A. Gerhardstein (argued and briefed), Sarah W. Poston (briefed), Laufman, Rauh & Gerhardstein, Cincinnati, Ohio, Kathryn Kolbert (briefed), Center For Reproductive Law & Policy, New York City, for Women's Medical Professional Corp. in No. 96-3157.
David C. Greer, Bieser, Greer & Landis, Dayton, Ohio, Alphonse A. Gerhardstein (argued), Sarah W. Poston, Laufman, Rauh & Gerhardstein, Cincinnati, Ohio, Kathryn Kolbert, Center For Reproductive Law & Policy, New York City, for Women's Medical Professional Corp. in No. 96-3159.
David C. Greer, Bieser, Greer & Landis, Dayton, Ohio, Alphonse A. Gerhardstein, Sarah W. Poston, Laufman, Rauh & Gerhardstein, Cincinnati, Ohio, Kathryn Kolbert, Center For Reproductive Law & Policy, New York City, for Martin Haskell, M.D. in Nos. 96-3157 and 96-3159.
Elizabeth A. Scott (briefed), Diane R. Richards (argued and briefed), Office of the Attorney General of Ohio, Columbus, Ohio, for George Voinovich and Betty Montgomery in No. 96-3157.
Elissa D. Cohen (argued and briefed), Richard W. Divine, Office of the Prosecuting Attorney for the County of Montgomery, Dayton, Ohio, for Mathias H. Heck, Jr. in No. 96-3159.
James Bopp, Jr. (briefed), Bopp, Coleson & Bostrom, Terre Haute, Indiana, for American Association of Pro Life Obstetricians & Gynecologists.
Robert R. Melnick (briefed), Rutherford Institute, Youngstown, Ohio, for Rutherford Institute.
David J. Young (briefed), Squire, Sanders & Dempsey, Columbus, Ohio, for States of Nebraska, Alabama, California, Illinois, Mississippi and South Carolina and the Commonwealth of Virginia in No. 96-3157.
David J. Young, Squire, Sanders & Dempsey, Columbus, Ohio, for States of Nebraska, Alabama, California, Illinois, Mississippi and South Carolina and the Commonwealth of Virginia in No. 96-3159.
Paul Benjamin Linton (briefed), Americans United For Life, Chicago, Illinois, for Members of the Ohio General Assembly.
Nancy Northup (briefed), American Civil Liberties Union Foundation, New York City, Joan M. Englund (briefed), ACLU of Ohio Foundation, Inc., Cleveland, Ohio, for American College of Obstetricians and Gynecologists in No. 96-3157.
Nancy Northup, American Civil Liberties Union Foundation, New York City, Joan M. Englund (briefed), ACLU of Ohio Foundation, Inc., Cleveland, Ohio, for American College of Obstetricians and Gynecologists in No. 96-3159.
Lara E. Bowles (briefed), Arnold & Porter, Karen R. Guss (briefed), Marcy J. Wilder (briefed), National Abortion and Reproductive Rights Action League, Washington, DC, for National Abortion and Reproductive Rights Action League Foundation.
Before: BROWN, KENNEDY, and BOGGS, Circuit Judges.
United States Court of Appeals, Sixth Circuit.
KENNEDY, J., delivered the opinion of the court, in which BROWN, J., joined. BOGGS, J. (pp. 211-19), delivered a separate dissenting opinion.
OPINION
KENNEDY, Circuit Judge.
This case involves a facial challenge to the constitutionality of House Bill 135 ("Act"), which was enacted by the Ohio General Assembly on August 16, 1995, and was to have gone into effect on November 14, 1995. The District Court held unconstitutional the three major portions...
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