CARHART v. STENBERG

Nos. 98-3245NE, 98-3300NE.

192 F.3d 1142 (1999)

LeRoy H. CARHART, on behalf of himself and his patients obtaining abortions, Appellee, v. Donald STENBERG, in his official capacity as Attorney General for the State of Nebraska, Appellant, Mike Munch, in his official capacity as County Attorney for Sarpy County, and as a representative of all County Attorneys in Nebraska, Defendant, Gina Dunning, in her official capacity as Director of Regulation and Licensure of the Nebraska Department of Health and Human Services, and Charles Andrews, M.D., in his official capacity as Chief Medical Officer of Nebraska, Appellants, State of South Carolina; State of Idaho; State of Louisiana; State of Ohio; State of Pennsylvania; State of Rhode Island; State of South Dakota; and State of Utah, Amici Curiae, Family Research Council, Amicus Curiae. LeRoy H. Carhart, on behalf of himself and his patients obtaining abortions, Appellee, v. Donald Stenberg, in his official capacity as Attorney General for the State of Nebraska, Appellee, Mike Munch, in his official capacity as County Attorney for Sarpy County, and as a representative of all County Attorneys in Nebraska, Appellant, Gina Dunning, in her official capacity as Director of Regulation and Licensure of the Nebraska Department of Health and Human Services; and Charles Andrews, M.D., in his official capacity as Chief Medical Officer of Nebraska, Appellees, State of South Carolina; State of Idaho; State of Louisiana; State of Ohio; State of Pennsylvania; State of Rhode Island; State of South Dakota; and State of Utah, Amici Curiae, Family Research Council, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided September 24, 1999.


Attorney(s) appearing for the Case

Simon Heller, New York, NY, argued (Jennifer Lemberg, New York, NY, Jerry M. Hug and Alan G. Stoler, Omaha, NE, on the brief), for Appellee.

L. Steven Grasz, Lincoln, NE, argued, for Appellant Donald Stenberg in docket No. 98-3245NE.

Tamra Lynn Walz, Papillion, NE, argued, for Appellant Mike Munch in docket No. 98-3300NE.

Before RICHARD S. ARNOLD and WOLLMAN, Circuit Judges, and MAGNUSON, District Judge.


RICHARD S. ARNOLD, Circuit Judge.

The State of Nebraska appeals a District Court3 decision holding a Nebraska statute banning "partial-birth abortion" unconstitutional. The District Court permanently enjoined enforcement of the statute and awarded attorney's fees and costs to the plaintiff. The County Attorney, named in the lawsuit in his official capacity and as a representative of all county...

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