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CARHART v. ASHCROFT

No. 4:03 CV 3385.

287 F.Supp.2d 1015 (2003)

Leroy CARHART, M.D., William G. Fitzhugh, M.D., William H. Knorr, M.D., and Jill L. Vibhakar, M.D., on behalf of themselves and the patients they serve, Plaintiffs, v. John ASHCROFT, in his official capacity as Attorney General of the United States, and his employees, agents and successors in office, Defendant.

United States District Court, D. Nebraska.

November 5, 2003.

Attorney(s) appearing for the Case

Janet L. Crepps, Nan E. Strauss, Priscilla J. Smith, Suzanne Novak, Center for Reproductive Rights, New York City, Jerry M. Hug, Omaha, NE, for Plaintiff.

Andrew I. Warden, Anthony J. Coppolino, U.S. Department of Justice, Washington, DC, Paul D. Boeshart, Assistant United States Attorney — Lincoln, Lincoln, NE, Preeya M. Noronha, Terry M. Henry, U.S. Department of Justice, Washington, DC, for Defendant.

MEMORANDUM AND ORDER

KOPF, Chief Judge.

Congress has passed the "Partial-Birth Abortion Ban Act of 2003." The President has signed it. After hearing the views of the parties, and considering the evidence offered by them, I now temporarily restrain enforcement of the Act.

The Supreme Court, citing the factual findings of eight different federal trial judges (appointed by four different Presidents) and the considered opinion of the American College...

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