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PLANNED PARENTHOOD v. ATTY. GEN. OF STATE OF N.J.

No. 01-2581.

297 F.3d 253 (2002)

PLANNED PARENTHOOD OF CENTRAL NEW JERSEY; Herbert Holmes, M.D.; David Wallace, M.D.; Gerson Weiss, M.D., on Behalf of Themselves and Their Patients v. THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY; New Jersey Board of Medical Examiners; The Commissioner of the New Jersey Department of Health and Senior Services New Jersey Legislature, by and through, Donald T. DiFrancesco, in his capacity as President of the New Jersey Senate and as the Representative of the New Jersey Senate; Jack Collins, in his official capacity as Speaker of the New Jersey General Assembly and as the Representative of the New Jersey General Assembly (Intervenor in D.C.), Appellants

United States Court of Appeals, Third Circuit.

Filed July 11, 2002.

Attorney(s) appearing for the Case

Richard F. Collier, Jr. (Argued), David J. Treibman, Collier, Jacob & Mills, Somerset, NJ, Counsel for Appellants.

Leon Friedman (Argued), Dara Klassel, Planned Parenthood Federation of America, New York, NY, Talcott Camp, Louise Melling, Reproductive Freedom Project, American Civil Liberties Union Foundation, New York, NY, Ed Barocas, American Civil Liberties Union of New Jersey Foundation, Newark, NJ, Counsel for Appellees.

Before: BECKER, Chief Judge, ALITO and RENDELL, Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

This action was instituted by Planned Parenthood of Central New Jersey, Herbert Holmes, M.D., David Wallace, M.D., and Gerson Weiss, M.D. (the "plaintiffs") against, inter alia, the New Jersey Legislature, challenging the constitutionality of and seeking a permanent injunction against the enforcement of the New Jersey Partial-Birth Abortion Ban Act of 1997 (the "Act"), ch. 262., 1997 N.J. Sess. Law Serv. 871...

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