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WOMEN'S MEDICAL CENTER OF NW HOUSTON v. BELL

No. 00-20037.

248 F.3d 411 (2001)

Women's Medical Center of Northwest Houston; Robert P. Kaminsky, M.D., on behalf of themselves and the patients they serve; Denton Health Services for Women; Austin Women's Health Center, P.A.; Lamar Robinson, M.D.; Fred W. Hansen, M.D.; L. Tad Davis, M.D.; Mary E. Smith, M.D., Plaintiffs-Appellees, v. Dr. Charles E. Bell, Acting Texas Commissioner of Health; John Cornyn, Texas Attorney General, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 13, 2001.

Attorney(s) appearing for the Case

Janet Crepps (argued), Linda Ann Rosenthal, Center for Reproductive Law & Policy, New York City, Craig R. Smyser, Asim M. Bhansali, Smyser, Kaplan & Veselka, Houston, TX, for Plaintiffs-Appellees.

Gregory Scott Coleman, Stuart Kyle Duncan (argued), Austin, TX, for Defendants-Appellants.

Thomas Drought, Drought, Drought & Bobbitt, San Antonio, TX, for U.S. Catholic Conference and Texas Catholic Conference, Amicus Curiae.

Before WIENER and STEWART, Circuit Judges, and SMITH, District Judge.

WIENER, Circuit Judge:

Plaintiffs-Appellees ("the plaintiffs") filed suit to challenge recent amendments to Texas law that for the first time require them to license their medical offices as abortion facilities. The district court entered a preliminary injunction against enforcement of the amendments, concluding that they violate the plaintiffs' equal protection rights. The court's injunction also prohibits enforcement of three companion regulations that were found...

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