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WOMEN'S MEDICAL PROFESSIONAL CORP. v. TAFT

No. 01-4124.

353 F.3d 436 (2003)

WOMEN'S MEDICAL PROFESSIONAL CORPORATION; Martin Haskell, MD, Plaintiffs-Appellees, v. Bob TAFT, Governor; Betty D. Montgomery, Attorney General; Mathias H. Heck, Jr., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 17, 2003.

Petition for Rehearing Denied April 1, 2004.

Attorney(s) appearing for the Case

Stephen P. Carney (argued and briefed), Anne Berry Strait, Karl William Schedler (briefed), Office of the Attorney General of Ohio, Columbus, Ohio, for Appellants.

Alphonse A. Gerhardstein (argued and briefed), Jennifer L. Branch (briefed), Laufman & Gerhardstein, Cincinnati, Ohio, David C. Greer (briefed), Bieser, Greer & Landis, Dayton, Ohio, for Appellees.

Eric D. Miller, United States Department of Justice, Washington, D.C., A. Stephen Hut, Jr., Kimberly A. Parker, Wilmer, Cutler & Pickering, Washington, D.C., Jennifer Dalven, American Civil Liberties Union Foundation, New York, NY, for Amici Curiae.

Before: RYAN and BATCHELDER, Circuit Judges; TARNOW, District Judge.

Petition for Rehearing Denied En Banc: April 1, 2004.

Pursuant to Sixth Circuit Rule 206.

RYAN, J., delivered the opinion of the court, in which BATCHELDER, J., joined. TARNOW, D.J. (pp. 453-467), delivered a separate dissenting opinion.

OPINION

RYAN, Circuit Judge.

For the second time in six years, we must decide whether an Ohio statute that restricts partial birth abortions violates the Fourteenth Amendment of the United States...

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