PLANNED PARENTHOOD v. SUNDQUIST


38 S.W.3d 1 (2000)

PLANNED PARENTHOOD OF MIDDLE TENNESSEE, et al. v. Don SUNDQUIST, Governor of the State of Tennessee, et al.

Supreme Court of Tennessee, at Nashville.

September 15, 2000.


Attorney(s) appearing for the Case

Barry Friedman, Vanderbilt University School of Law, Irwin Venick, Nashville, TN; Elizabeth B. McCallum, Washington, DC; Barbara E. Otten, Dara Klassel, and Roger K. Evans, Planned Parenthood Federation of America, Inc., Louise Melling and Catherine Weiss, American Civil Liberties Foundation Reproductive Freedom Project, New York, NY, for appellant, Planned Parenthood of Middle Tennessee, et al.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Andy D. Bennett, Chief Deputy Attorney General; and Michael W. Catalano, Associate Solicitor General, for appellees, Don Sundquist, Governor of the State of Tennessee, et al.

Miranda Schiller and Ilyssa M. Birnbach, New York, NY, and Dianna Baker Shaw, Nashville, TN, for Amicus Curiae, American College of Obstetricians and Gynecologists.

Kevin H. Theriot, Panama City Beach, FL; Larry L. Crain, Brentwood, TN; and Gary S. McCaleb, Scottsdale, AZ, for Amicus Curiae, Tennessee Right to Life.

Elizabeth Cavendish and Scott Grogan, Washington, DC, and Ann Martin, Nashville, TN, for Amici Curiae, The National Abortion and Reproductive Rights Action League, The NARAL Foundation, The League of Women Voters of Tennessee, The Tennessee Task Force Against Domestic Violence, and the National Council of Jewish Women.

Paul Benjamin Linton, Northbrook, IL, and Clinton W. Watkins, Brentwood, TN, for Amici Curiae, Members of the Tennessee General Assembly.

Keith Jordan, Nashville, TN, and J. Thomas Smith, Franklin, TN, for Amicus Curiae, Dr. Kent Jones, et al., on Behalf of the Tennessee Physicians Resource Council.


OPINION

ANDERSON, C.J., delivered the opinion of the court, in which DROWOTA, BIRCH, and HOLDER, JJ., joined.

This is an appeal from the Circuit Court for Davidson County, which applied an undue burden standard and struck down as unconstitutional the provisions of Tennessee's criminal abortion statutes requiring that physicians inform their patients that "abortion in a considerable number of cases constitutes...

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