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PLANNED PARENTHOOD OF CENTRAL NEW JERSEY v. FARMER

Nos. 99-5042, 99-5272.

220 F.3d 127 (2000)

PLANNED PARENTHOOD OF CENTRAL NEW JERSEY; Herbert Holmes, M.D.; David Wallace, M.D.; Gerson Weiss, M.D.; on behalf of themselves and their patients, v. John FARMER, Jr., Attorney General of the State of New Jersey, in his official capacity, and his successors in office; New Jersey Board of Medical Examiners, and their successors in office; Christine Grant, Commissioner of the Department of Health and Senior Services, in her official capacity, and her successors in office New Jersey Legislature, by and through Donald T. DiFrancesco, in his official capacity as President of the New Jersey Senate, and Jack Collins, in his official capacity as Speaker of the New Jersey Assembly, and as the representative of the New Jersey Assembly (Intervenors in D.C.), Appellants.

United States Court of Appeals, Third Circuit.

Filed July 26, 2000.

Attorney(s) appearing for the Case

Richard F. Collier, Jr. (Argued) Collier, Jacob & Mills, Somerset, NJ, Attorney for Appellants.

Talcott Camp (Argued), Cora K. Tung, Louise Melling, Reproductive Freedom Project American Civil Liberties Union Foundation, New York, NY; Lenora Lapidus, American Civil Liberties Union of New Jersey Foundation, Newark, NJ; Dara Klassel, Roger Evans, Planned Parenthood Federation of America, New York, NY, Attorneys for Appellees.

Before: ALITO, BARRY and GARTH, Circuit Judges.

OPINION OF THE COURT

BARRY, Circuit Judge.

The majority opinion which follows was in final form before the Supreme Court of the United States heard argument in the appeal of Carhart v. Stenberg, 192 F.3d 1142 (8th Cir.1999). The Supreme Court has now issued its opinion in that case, finding Nebraska's "partial birth abortion" statute—a statute nearly identical to the one before this Court—unconstitutional...

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