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PLANNED PARENTHOOD v. LAWALL

No. CV 00-386-TUC.

189 F.Supp.2d 975 (2001)

PLANNED PARENTHOOD of Southern Arizona; Planned Parenthood of Central and Northern Arizona; and David L. Child, M.D., Plaintiffs, v. Pima County Attorney, Barbara LAWALL; and Arizona Attorney General, Janet Napolitano, as the representative of all prosecutors in the State of Arizona, Defendants.

United States District Court, D. Arizona.

August 9, 2001.

Attorney(s) appearing for the Case

John N. Iurino, Lewis & Roca, Tucson, AZ, Eve C. Gartner, Planned Parenthood Federation of America, New York City, Lawrence Jay Rosenfeld, Greenberg Traurig LLP, Phoenix, AZ, for Plaintiffs.

Christopher Straub, Pima County Attorney's Office, Tucson, AZ, Paula S. Bickett, Office of the Attorney General, Phoenix, AZ, Charles R. Pyle, Attorney General's Office, Tucson, AZ, for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

COLLINS, District Judge.

This action is a constitutional facial challenge to A.R.S. § 36-2152, which prohibits an unemancipated minor from obtaining an abortion without parental consent, unless she obtains a judicial bypass of the requirement. Physicians who perform abortions in violation of the statute are guilty of a class one misdemeanor. Plaintiffs' Complaint requests a declaratory judgement, declaring A.R...

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