GREENVILLE WOMEN'S CLINIC v. BRYANT

Nos. 99-1319, 99-1710 and 99-1725.

222 F.3d 157 (2000)

GREENVILLE WOMEN'S CLINIC; Charleston Women's Medical Clinic, Incorporated; William Lynn, MD, on behalf of themselves and their patients seeking abortions, Plaintiffs-Appellees, v. Douglas E. BRYANT, in his official capacity as Commissioner of South Carolina Department of Health and Environmental Control; Charles M. Condon, in his official capacity as Attorney General of the State of South Carolina, Defendants-Appellants, Governor of South Carolina, Defendant. Greenville Women's Clinic; Charleston Women's Medical Clinic, Incorporated; William Lynn, MD, on behalf of themselves and their patients seeking abortions, Plaintiffs-Appellees, v. Governor of South Carolina, Defendant-Appellant, and Douglas E. Bryant, in his official capacity as Commissioner of South Carolina Department of Health and Environmental Control; Charles M. Condon, in his official capacity as Attorney General of the State of South Carolina, Defendants. Greenville Women's Clinic; Charleston Women's Medical Clinic, Incorporated; William Lynn, MD, on behalf of themselves and their patients seeking abortions, Plaintiffs-Appellees, v. Douglas E. Bryant, in his official capacity as Commissioner of South Carolina Department of Health and Environmental Control; Charles M. Condon, in his official capacity as Attorney General of the State of South Carolina, Defendants-Appellants, Governor of South Carolina, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided August 15, 2000.


Attorney(s) appearing for the Case

ARGUED: Floyd Matlock Elliott, Haynsworth, Marion, McKay & Guerard, L.L.P., Greenville, South Carolina, for Appellants. Bonnie Scott Jones, The Center for Reproductive Law & Policy, New York, New York, for Appellees. ON BRIEF: George Dewey Oxner, Jr., Boyd Benjamin Nicholson, Jr., Haynsworth, Marion, McKay & Guerard, L.L.P., Greenville, South Carolina; Nancy Staats Layman, Legal Division, Department of Health and Environmental Control, Columbia, South Carolina; Charles Molony Condon, James Emory Smith, Jr., Office of the Attorney General, Columbia, South Carolina; Charles E. Carpenter, Jr., Donald V. Richardson, III, S. Elizabeth Brosnan, Richardson, Plowden, Carpenter & Robinson, P.A., Columbia, South Carolina, for Appellants. Randall Hiller, Greenville, South Carolina, for Appellees.

Before NIEMEYER, Circuit Judge, HAMILTON, Senior Circuit Judge, and SMALKIN, United States District Judge for the District of Maryland, sitting by designation.


Reversed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge SMALKIN joined. Senior Judge HAMILTON wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

This case presents the important question of whether South Carolina's regulation establishing standards for licensing abortion clinics—Regulation 61-12 of the South Carolina Department of Health and Environmental Control, S.C.Code Ann. Regs. 61-12 (eff. June 28, 1996...

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