UTAH WOMEN'S CLINIC, INC.; Edward R. Watson, M.D.; Madhuri Shaw, M.D.; Laurel Shepherd, M.D.; Alizza Porter; Wendy Edwards; Wasatch Women's Center; William R. Adams, M.D.; Denise Defa; Sarah Roe, on behalf of herself and all other similarly situated women from Utah and surrounding states, Plaintiffs-Appellants,
v.
Michael LEAVITT, in his individual and official capacity as Governor of the State of Utah; Jan Graham, in her individual and official capacity as Attorney General of the State of Utah, Defendants-Appellees,
United States of America, Planned Parenthood of the Rocky Mountains, 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, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
February 17, 1998.
February 17, 1998.
Attorney(s) appearing for the Case
Shirley M. Hufstedler, Morrison & Foerster, Los Angeles, California (Eve C. Gartner, Janet Benshoof, Kathryn Kolbert, Simon Heller, and Bonnie Scott Jones, The Center for Reproductive Law & Policy, New York City, and Martin W. Custen, Marquardt, Hasenyager & Custen, Ogden, UT, with her on the briefs), for Plaintiffs-Appellants.
Mark Ward, Office of the Attorney General, Litigation Division, Salt Lake City, UT, (Jan Graham, Utah Attorney General, and Brent A. Burnett, Assistant Attorney General, Litigation Division, Salt Lake City, UT, on the brief), for Defendants-Appellees.
Isabelle Katz Pinzler, Acting Assistant Attorney General (David K. Flynn, Attorney; Lisa W. Edwards, Attorney), Department of Justice, Washington, DC, filed an amicus curiae brief for the United States of America.
Donald W. Hoagland and Thomas S. Nichols, Davis, Graham & Stubbs, LLP, filed an amicus curiae brief for Planned Parenthood of the Rocky Mountains, Inc.
Susan Frietsche and Linda J. Wharton, Women's Law Project, Philadelphia, PA, filed an amicus curiae brief for 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.
Before TACHA, KELLY, and LUCERO, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
PER CURIAM.
In 1993, following the Supreme Court's decision in Planned Parenthood of Southeastern Pennsylvania v. Casey,505 U.S. 833, 112 S.Ct. 2791, 120 L.Ed.2d 674 (1992), the Utah state legislature amended its abortion statute to include an informed-consent provision that closely parallels the Pennsylvania informed-consent law upheld in Casey. The Utah law requires a woman to give her "voluntary and informed written...
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