PLANNED PARENTHOOD OF WISCONSIN v. DOYLE

No. 98-2521.

162 F.3d 463 (1998)

PLANNED PARENTHOOD OF WISCONSIN, et al., Plaintiffs-Appellants, v. James E. DOYLE, in his official capacity as Attorney General of the State of Wisconsin, and Diana M. Nicks, in her official capacity as District Attorney for Dane County and as a representative of a class consisting of all district attorneys in the State of Wisconsin, Defendants-Appellees, and Thomas J. Back and Fredric K. Buford, II, Intervening Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 3, 1998.


Attorney(s) appearing for the Case

Bonnie Scott Jones, Center for Reproductive Law & Policy, New York City; Roger K. Evans (argued), Planned Parenthood Federation of America, Legal Action for Reproductive Rights, New York City, for Plaintiffs-Appellants.

Susan K. Ullman (argued), Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Defendants-Appellees.

James Bopp, Jr., Bopp, Coleson & Bostrom, Terre Haute, IN; Scott D. Obernberger, Milwaukee, WI, for Intervening Defendants-Appellees.

Before POSNER, Chief Judge, and MANION and ROVNER, Circuit Judges.


POSNER, Chief Judge.

This is an appeal from the denial (reported at 9 F.Supp.2d 1033 (W.D.Wis.1998)) of a motion for a preliminary injunction against the enforcement of a recently enacted Wisconsin statute that decrees life imprisonment for anyone who performs a "partial birth abortion." Wis. Stat. §§ 939.50(3)(a), 940.16(2). We stayed both the enforcement of the statute and further proceedings in the district court...

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