MARIE v. McGREEVEY

Nos. 01-1068, 01-1461.

314 F.3d 136 (2002)

Donna S. MARIE, (a fictitious name of a real individual), individually, on her own behalf, and on behalf of all women similarly situated; Donna Santa Marie, on behalf of her own child and all others similarly situated; Teresa H. Jimenez, on behalf of herself and on behalf of her patients [both mothers carrying children and the children themselves], and all other children similarly situated; Jane Jones, (a fictitious name of a real individual), individually, on her own behalf, and on behalf of all women similarly situated; Jane Jones, on behalf of her own child and all other individuals similarly situated; Mary Doe, (a fictitious name of a real individual), individually, on her own behalf, and on behalf of all women similarly situated; Mary Doe, on behalf of her own child and all other individuals similarly situated; Myrana Guerra-DeLuna, M.D., on behalf of herself, and on behalf of her patients [both mothers carrying children and the children themselves] and all women and children similarly situated, Appellants v. *James E. McGREEVEY, Governor of the State of New Jersey in his official capacity; Members of the New Jersey Board of Medical Examiners; Joseph Gluck; Judith I. Gleason; Veronica E. Desmond; Glenn A. Farrell; Daniel Weiss; Arthur W. Perry, M.D.; Bernard Robins, M.D.; Michael T. Chen, M.D.; Karen C. Criss, C.N.M.; Arganey L. Lucas, Jr., M.D.; Clifton Lacy, M.D.; Bassam Haddad, M.D.; Donald C. Huston, Jr., D.O.; William V. Harrer, M.D.; Ghias Moussa, M.D.; Gregory J. Rokosz, D.O.; James C. Ricketti, D.P.M.; Manmohan Patel, M.D.; Kevin P. Walsh; Kelly Reid, M.D.; Edwin Trayner, M.D.; David Wallace, M.D., in their capacity as members of the New Jersey Board of Medical Examiners, and their successors in office; Joseph P. Brennan, Jr., Surrogate Essex County; Diane Gerofsky, Surrogate of Mercer County; Kevin J. Hoagland, Surrogate of Middlesex County; David Samson, Attorney General of the State of New Jersey, in his official capacity and his successors in office *Amended per Court order dated 11/6/02)

United States Court of Appeals, Third Circuit.

Filed December 24, 2002.


Attorney(s) appearing for the Case

Harold J. Cassidy (Argued), Cassidy Messina & Laffey, Holmdel, NJ, Thomas F. Shebell, Jr. (Argued), Shebell & Shebell, Ocean City, NJ, for Appellants.

Patrick DeAlmeida (Argued), Office of Attorney General of New Jersey, Department of Law & Public Safety, Richard J. Hughes Justice Complex, Trenton, NJ, for Appellees, James E. McGreevey, Governor of the State of New Jersey; Joseph Gluck; Judith I. Gleason; Veronica E. Desmond; Glenn A. Farrell; Daniel Weiss; Arthur W. Perry, M.D.; Bernard Robins, M.D.; Michael T. Chen, M.D.; Karen C. Criss, C.N.M.; Arganey L. Lucas, Jr., M.D.; Clifton Lacy, M.D.; Bassam Haddad, M.D.; Donald C. Huston, Jr., D.O.; William V. Harrer, M.D.; Ghias Moussa, M.D.; Gregory J. Rokosz, D.O.; James C. Ricketti, D.P.M.; Manmohan Patel, M.D.; Kevin P. Walsh; Kelly Reid, M.D.; Edwin Trayner, M.D.; David Wallace, M.D.; David Samson, Attorney General of the State of New Jersey; Robert C. Scrivo, Office of County Counsel, County of Essex, Newark, NJ, for Appellee, Joseph P. Brennan, Jr., Surrogate Essex County.

Richard C. Williams, Jr., Office of County Counsel, County of Mercer, Trenton, NJ, for Appellee, Diane Gerofsky, Surrogate of Mercer County.

Benjamin D. Leibowitz, Office of County Counsel, Middlesex County, New Brunswick, NJ, for Appellee, Kevin J. Hoagland, Surrogate of Middlesex County.

Robert J. Muise, Thomas More Center for Law & Justice, Ann Arbor, MI, for Amicus Curiae-Appellant, The Thomas More Center for Law & Justice.

Before SCIRICA, BARRY and WEIS, Circuit Judges.


OPINION OF THE COURT

PER CURIAM.

In this constitutional challenge, certain women who have had abortions allegedly without giving informed consent contend that denial of their right to recover damages under New Jersey's Wrongful Death Act violates the Equal Protection and Due Process clauses of the Fourteenth Amendment. We have previously rejected such a claim, Alexander v. Whitman, 114 F.3d 1392 (3d Cir.1997), and...

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