PLANNED PARENTHOOD OF THE ROCKY MOUNTAINS SERVICES, CORPORATION; Peter A. Vargas, M.D.; Boulder Abortion Clinic, P.C.; Warren M. Hern, M.D.; James A. McGregor, M.D.; Michael D. Rudnick, M.D.; Aris M. Sophocles, Jr., M.D.; and Women's Choice of Boulder Valley, Inc., Plaintiffs-Appellees,
v.
William OWENS, in his official capacity as Governor of the State of Colorado; David J. Thomas, in his official capacity as District Attorney for the First Judicial District, State of Colorado; A. William Ritter, Jr., in his official capacity as District Attorney for the Second Judicial District, State of Colorado; Glenn Davis, in his official capacity as District Attorney for the Third Judicial District, State of Colorado; Jeanne Marie Smith, in her official capacity as District Attorney for the Fourth Judicial District, State of Colorado; Michael Goodbee, in his official capacity as District Attorney for the Fifth Judicial District, State of Colorado; Sarah Law, in her official capacity as District Attorney for the Sixth Judicial District, State of Colorado; Wyatt Angelo, in his official capacity as District Attorney for the Seventh Judicial District, State of Colorado; Stuart A. Van Meveren, in his official capacity as District Attorney for the Eighth Judicial District, State of Colorado; Mark McLucas Myers, in his official capacity as District Attorney for the Ninth Judicial District, State of Colorado; Gus Sanstrom, in his official capacity as District Attorney for the Tenth Judicial District, State of Colorado; Edward J. Rodgers, III, in his official capacity as District Attorney for the Eleventh Judicial District, State of Colorado; Robert Pastore, in his official capacity as District Attorney for the Twelfth Judicial District, State of Colorado; Mark Adams, in his official capacity as District Attorney for the Thirteenth Judicial District, State of Colorado; Paul R. McLimans, in his official capacity as District Attorney for the Fourteenth Judicial District, State of Colorado; Ronald F. Foster, in his official capacity as District Attorney for the Fifteenth Judicial District, State of Colorado; Gary Stork, in his official capacity as District Attorney for the Sixteenth Judicial District, State of Colorado; Robert S. Grant, in his official capacity as District Attorney for the Seventeenth Judicial District, State of Colorado; James Peters, in his official capacity as District Attorney for the Eighteenth Judicial District, State of the Nineteenth Judicial District, State of Colorado; Al Dominguez, in his official capacity as District Attorney for the Nineteenth Judicial District, State of Colorado; Alexander M. Hunter, in his official capacity as District Attorney for the Twentieth Judicial District, State of Colorado; Frank J. Daniels, in his official capacity as District Attorney for the Twenty-First Judicial District, State of Colorado; Michael F. Green, in his official capacity as District Attorney for the Twenty-Second Judicial District, State of Colorado, Defendants-Appellants,
Colorado Pro Life Alliance, Inc.; United Families International, Inc.; Society for Adolescent Medicine; Colorado Chapter of the American Academy of Pediatrics; American Medical Women's Association; American Public Health Association, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
April 17, 2002.
April 17, 2002.
Attorney(s) appearing for the Case
Maurice G. Knaizer, Deputy Attorney General (Ken Salazar, Attorney General, John S. Sackett, Assistant Attorney General, State of Colorado, Denver, Colorado; A. William Ritter, Jr., District Attorney, Henry R. Reeve, Deputy District Attorney, Second Judicial District, Denver, Colorado; and Jeanne M. Smith, District Attorney, Fourth Judicial District, Colorado Springs, Colorado, with him on the briefs), for Defendants-Appellants.
Jennifer Ellen Dalven, American Civil Liberties Union Foundation Reproductive Freedom Project, New York, N.Y. (Louise Melling, American Civil Liberties Union Foundation Reproductive Freedom Project, New York, NY, Edward T. Ramey, Isaacson, Rosenbaum, Woods & Levy, P.C., Denver, CO, Tim Atkeson and Keri Howe, Arnold & Porter, Denver, CO, Mark Silverstein, American Civil Liberties Union Foundation of Colorado, Denver, CO, Kevin C. Paul, Planned Parenthood of the Rocky Mountains, Inc., Denver, CO, with her on the brief), for Plaintiffs-Appellees.
Paul Benjamin Linton, Northbrook, IL, filed an amici curiae brief on behalf of the Colorado Pro Life Alliance, Inc., and United Families International, Inc., in support of Defendants-Appellants.
A. Stephen Hut, Jr., Kimberly A. Parker, and Julie M. Riewe, Wilmer, Cutler & Pickering, Washington, DC, filed an amici curiae brief on behalf of the Society for Adolescent Medicine, the Colorado Chapter of the American Academy of Pediatrics, the American Medical Women's Association, and the American Public Health Association, in support of Plaintiffs-Appellees.
Before BRISCOE, BALDOCK, and LUCERO, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
LUCERO, Circuit Judge.
Plaintiffs filed suit seeking to have a Colorado statute regulating abortion declared unconstitutional and to have enforcement of that statute enjoined. The district court granted summary judgment for plaintiffs, holding that the lack of a health exception for the parental notification requirement of the statute rendered it unconstitutional. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.
I
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