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OKPALOBI v. FOSTER

No. 98-30228.

244 F.3d 405 (2001)

Ifeanyi Charles Anthony OKPALOBI, doing business as Gentilly Medical Clinic for Women, Plaintiff-Appellee, and Causeway Medical Suite; Bossier City Medical Suite; Hope Medical Group For Women; Delta Women's Clinic; Women's Health Clinic; James Deguerce; A. James Whitmore, III, Intervenors-Appellees, v. Mike FOSTER, Governor of the State of Louisiana; State of Louisiana, Substituted in place of Kenneth Duncan, Treasurer of the State of Louisiana, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 12, 2001.

Attorney(s) appearing for the Case

Sidney M. Bach, Bach & Wasserman, Metairie, LA, for Okpalobi.

Priscilla Joyce Smith (argued), Center for Reproductive Law & Policy, New York City, William E. Rittenberg, Rittenberg & Samuel, New Orleans, LA, for Intervenors-Appellees.

Robert B. Barbor, LA Dept. of Public Safety & Corrections, Roy A. Mongrue, Jr. Asst. Atty. Gen. (argued), Baton Rouge, LA, for Defendants-Appellants.

Terry Anne O'Neill, Tulane Law Clinic, New Orleans, LA, for The American Civil Liberties Union Foundation of Louisiana, Louisiana Chapter of the Nat. Organization for Women and Planned Parenthood of Louisiana, Inc., Amicus Curiae.

Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Sitting as an en banc court, we consider whether the district court properly enjoined the "operation and effect" of the Louisiana state tort statute at issue, which provides a private cause of action against medical doctors performing abortions. Although, in this facial attack on the constitutionality of the statute, consideration of the merits may have strong appeal to some, we are powerless...

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