GREENVILLE WOMEN'S CLINIC v. COMM'R, S.C. DEPT. OF HEALTH AND ENVIRONMENTAL CONTROL

Nos. 01-2090, 01-2235.

317 F.3d 357 (2002)

GREENVILLE WOMEN'S CLINIC; William Lynn, MD, on behalf of themselves and their patients seeking abortions, Plaintiffs-Appellants, and Charleston Women's Medical Clinic, Incorporated, Plaintiff, v. COMMISSIONER, SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; Governor of South Carolina; Charles Molony Condon, in his official capacity as Attorney General of the State of South Carolina, Defendants-Appellees. Greenville Women's Clinic; William Lynn, MD, on behalf of themselves and their patients seeking abortions, Plaintiffs-Appellees, and Charleston Women's Medical Clinic, Incorporated, Plaintiff, v. Commissioner, South Carolina Department of Health and Environmental Control; Governor of South Carolina; Charles Molony Condon, in his official capacity as Attorney General of the State of South Carolina, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 2002.

Vacated on Grant of Rehearing November 8, 2002.

Reinstated on Denial of Rehearing November 15, 2002.


Attorney(s) appearing for the Case

ARGUED: Bonnie Scott Jones, The Center for Reproductive Law & Policy, New York, New York, for Appellants. Boyd Benjamin Nicholson, Jr., Haynsworth, Sinkler, Boyd, P.A., Greenville, South Carolina, for Appellees. ON BRIEF: Randall Scott Hiller, Greenville, South Carolina, for Appellants. George Dewey Oxner, Jr., Floyd Matlock Elliott, Haynsworth, Sinkler, Boyd, P.A., Greenville, South Carolina; Charles Molony Condon, James Emory Smith, Jr., Office of the Attorney General, Columbia, South Carolina; Nancy Staats Layman, Department of Health and Environmental Control, Columbia, South Carolina, for Appellees.

Before NIEMEYER and KING, Circuit Judges, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.


Vacated on Grant of Rehearing En Banc November 8, 2002.

Reinstated on Denial of Rehearing En Banc November 15, 2002.

Affirmed in part and reversed in part by published opinion. Judge NIEMEYER wrote the opinion, in which Senior Judge MICHAEL joined. Judge KING wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

This appeal continues our review of the facial constitutional challenges made by abortion clinics in South Carolina...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases