KARLIN v. FOUST

Nos. 98-2043, 98-2262.

188 F.3d 446 (1999)

Elizabeth KARLIN, M.D.; Planned Parenthood of Wisconsin, Inc.; Gary T. Prohaska, M.D.; Dennis D. Christensen, M.D.; and Summit Women's Health Organization, on behalf of themselves and their patients seeking abortions, Plaintiffs-Appellants, Cross-Appellees, v. C. William FOUST, in his official capacity as District Attorney for Dane County and a representative of the class of all district attorneys in Wisconsin; James E. Doyle, in his official capacity as Attorney General of Wisconsin; James Chambers, Michael Mehr, B. Ann Nevaiser, James Esswein, Rudolfo Molina, W.R. Schwartz, Mikki Patterson, Sidney Johnson, Sandra Makhorn, Pablo Pedraza, Glenn Hoberg, Wanda Roever, Ronald Grossman, and Darold Treffert, in their official capacities as members of the Wisconsin Medical Examining Board; Elaine August, Timothy D. Burns, Bonnie M. Creighton, Ruth E. Lindgren, Pamela A. Maxon, Lorraine A. Norem, Roberta P. Overby, McArthur Weddle, and Ann Brewer, in their official capacities as members of the Wisconsin Board of Nursing; Muriel Harper, Virginia Heinemann, Cornelia Hempe, Douglas Knight, and Anita Kropf, in their official capacities as members of the social worker section of the Wisconsin Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors; Joseph Leean, in his official capacity as Secretary of the Wisconsin Department of Health and Family Services; and K.B. Piper, in his official capacity as Administrator of the Division of Health of the Wisconsin Department of Health and Family Services, Defendants-Appellees, and E. Michael McCann, in his official capacity as District Attorney for Milwaukee County, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 9, 1999.


Attorney(s) appearing for the Case

Simon Heller (argued), New York City, Linda Balisle, Balisle & Robinson, S.C., Madison, WI, for Elizabeth Karlin, Dennis D. Christensen and Summit Women's Health Organization, Inc. in No. 98-2043.

Simon Heller (argued), New York City, for Elizabeth Karlin in No. 98-2262.

Michael H. Schaalman, Quarles & Brady, Milwaukee, WI, Dara Klassel, Planned Parenthood Federation of America, Legal Action for Reproductive Rights, New York City, for Planned Parenthood of Wisconsin, Inc. and Gary T. Prohaska in No. 98-2043.

Simon Heller, Center for Reproductive Law & Policy, New York City, for Planned Parenthood of Wisconsin, Inc. and Gary T. Prohaska in No. 98-2262.

Bruce A. Olsen (argued), Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for C. William Foust and James E. Doyle in No. 98-2043.

E. Michael McCann, pro se in No. 98-2043.

Michael B. Brennan (argued), Milwaukee County Dist. Atty's Office, Milwaukee, WI, for E. Michael McCann in No. 98-2262.

Nikolas T. Nikas, Americans United for Life Legal Defense Fund, Chicago, IL, for Amicus Curiae.

Before CUDAHY, COFFEY, and KANNE, Circuit Judges.


KANNE, Circuit Judge.

This case involves a number of facial constitutional challenges to Assembly Bill 441 ("AB 441"), which repealed and recreated Wisconsin's abortion informed consent statute, Wis. Stat. § 253.10, to require physicians who perform abortions to meet with their patients at least twenty-four hours before the abortion procedure to provide the patients with specific oral and printed information. The district court found most of the provisions of...

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