Sharon HOFFMAN; Trudie Matthews; Diane Hoefling; Ronnie Wallace, Reverend; John Bradley, Reverend, Plaintiffs-Appellees,
v.
James B. HUNT, Jr., Governor; State of North Carolina, Defendants-Appellants,
and
D.R. Stone; Charlotte-Mecklenburg Police Department; United States of America, Defendants.
American Medical Women's Association; Feminist Majority Foundation; Medical Students for Choice; National Abortion and Reproductive Rights Action League; National Center for Pro Choice Majority; National Organization for Women; National Women's Law Center; Women's Legal Defense Fund; American Civil Liberties Union of North Carolina Legal Foundation, Incorporated; American Civil Liberties Union; Planned Parenthood of the Triad, Incorporated; Planned Parenthood of the Southern Piedmont and Carolina Mountains, Incorporated; United States Justice Foundation; North Carolina Family Policy Council; Focus on the Family; Family Research Counsel; Planned Parenthood Federation of America, Incorporated; National Abortion Federation, Amici Curiae.
Sharon HOFFMAN; Trudie Matthews; Diane Hoefling; Ronnie Wallace, Reverend; John Bradley, Reverend, Plaintiffs-Appellees,
v.
UNITED STATES of America, Defendant-Appellant,
and
James B. Hunt, Jr., Governor; State of North Carolina; D.R. Stone; Charlotte-Mecklenburg Police Department, Defendants.
Planned Parenthood Federation of America, Incorporated; American Medical Women's Association; Feminist Majority Foundation; Medical Students for Choice; National Abortion and Reproductive Rights Action League; National Abortion Federation; National Center for Pro Choice Majority; National Organization for Women; National Women's Law Center; South Carolina National Organization for Women; Women's Law Project; Women's Legal Defense Fund; American Civil Liberties Union of North Carolina Legal Foundation, Incorporated; American Civil Liberties Union; Planned Parenthood of the Triad, Incorporated; Planned Parenthood of the Southern Piedmont and Carolina Mountains, Incorporated; United States Justice Foundation; North Carolina Family Policy Council; Focus on the Family; Family Research Council, Amici Curiae.
Sharon HOFFMAN; Trudie Matthews; Diane Hoefling; Ronnie Wallace, Reverend; John Bradley, Reverend, Plaintiffs-Appellees,
v.
UNITED STATES of America, Defendant-Appellant,
and
James B. Hunt, Jr., Governor; State of North Carolina; D.R. Stone; Charlotte-Mecklenburg Police Department, Defendants.
Planned Parenthood Federation of America, Incorporated; American Medical Women's Association; Feminist Majority Foundation; Medical Students for Choice; National Abortion and Reproductive Rights Action League; National Abortion Federation; National Center for Pro Choice Majority; National Organization for Women; National Women's Law Center; South Carolina National Organization for Women; National Women's Law Center; South Carolina National Organization for Women; Women's Law Project; Women's Legal Defense Fund; American Civil Liberties Union of North Carolina Legal Foundation, Incorporated; American Civil Liberties Union; Planned Parenthood of the Triad, Incorporated; Planned Parenthood of the Southern Piedmont and Carolina Mountains, Incorporated; United States Justice Foundation; North Carolina Family Policy Council; Focus on the Family; Family Research Council, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued April 9, 1997.
Decided September 19, 1997.
Attorney(s) appearing for the Case
ARGUED: Stephen Woolman Preston, Deputy Assistant Attorney General, Civil Division, United States Department of Justice, Washington, DC; Alexander McClure Peters, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, NC, for Appellants. Benjamin W. Bull, The American Center for Law and Justice, Scottsdale, AZ, for Appellees. ON BRIEF: Frank W. Hunger, Assistant Attorney General, Mark T. Calloway, United States Attorney, Mark B. Stern, Sushma Soni, Civil Division, United States Department of Justice, Washington, DC, for Appellant United States. Michael F. Easley, Attorney General, Ann Reed, Senior Deputy Attorney General, North Carolina Department of Justice, Raleigh, NC, for State Appellants. Jay Alan Sekulow, Walter M. Weber, The American Center for Law and Justice, Washington, DC; Samuel A. Wilson, III, W. David Thurman, Bush, Thurman & Wilson, Charlotte, NC, for Appellees. Pamela S. Karlan, Charlottesville, VA; Roger K. Evans, Legal Action for Reproductive Rights, New York City, for Amicus Curiae Planned Parenthood Federation of America. Martha F. Davis, Yolanda S. Wu, Now Legal Defense and Education Fund, New York City; Michael Erdos, Priscilla J. Smith, Kathryn Kolbert, Center for Reproductive Law & Policy, New York City, for Amici Curiae NOW, et al. Deborah K. Ross, American Civil Liberties Union of North Carolina, Raleigh, NC; Burton Craige, Patterson, Harkavy & Lawrence, L.L.P., Raleigh, NC, for Amici Curiae American Civil Liberties Union of North Carolina Legal Foundation, et al. Diane Bodner, Swick & Shapiro, P.C., Washington, DC; Gary G. Kreep, Kevin Snider, United States Justice Foundation, Escondido, CA, for Amicus Curiae United States Justice Foundation. Jordan W. Lorence, Fairfax, VA, for Amici Curiae North Carolina Family Policy Council, et al.
Before RUSSELL, WILKINS, and WILLIAMS, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
Reversed by published opinion. Judge WILKINS wrote the opinion, in which Judge RUSSELL and Judge WILLIAMS joined.
OPINION
WILKINS, Circuit Judge:
We are convened to review a decision of the district court holding two statutes — one enacted by the General Assembly of North Carolina and the other enacted by the Congress of the United States — to be unconstitutional. See Hoffman v. Hunt,923 F.Supp. 791
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