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PLANNED PARENTHOOD OF SOUTH CAROLINA v. ROSE

No. 03-1118.

361 F.3d 786 (2004)

PLANNED PARENTHOOD OF SOUTH CAROLINA INCORPORATED; Renee Carter, Plaintiffs-Appellees, v. B. Boykin ROSE, in his official capacity as the Director of the Department of Public Safety of the State of South Carolina; Jon E. Ozmint, in his official capacity as the Director of the Department of Corrections of South Carolina; Kim S. Aydlette, in her official capacity as the Director of the Department of Social Services of South Carolina, Defendants-Appellants. Liberty Counsel; Louisiana Lawyers for Life; Louisiana Family Forum; Louisiana Law & Justice Foundation, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 22, 2004.

Attorney(s) appearing for the Case

ARGUED: Tracey Colton Green, Assistant Deputy Attorney General, Office of the Attorney General, Columbia, South Carolina, for Appellants. Carrie Y. Flaxman, Planned Parenthood Federation of America, New York, New York, for Appellees. ON BRIEF: Henry McMaster, Attorney General, John W. McIntosh, Chief Deputy Attorney General, Office of the Attorney General, Columbia, South Carolina, for Appellants. Roger Evans, Donna Lee, Planned Parenthood Federation of America, New York, New York; Peter L. Murphy, Law Offices of Peter L. Murphy, Columbia, South Carolina; Michael P. O'Connell, Stirling & O'connell, P.A., Charleston, South Carolina, for Appellees. Mathew D. Staver, Erik W. Stanley, Joel L. Oster, Anita L. Staver, Rena M. Lindevaldsen, Liberty, Longwood, Florida, for Amicus Curiae Liberty. J. Michael Johnson, Alliance Defense Fund, Shreveport, Louisiana, for Amici Curiae Lawyers for Life, et al.

Before LUTTIG, MICHAEL, and GREGORY, Circuit Judges.

Affirmed by published opinion. Judge MICHAEL wrote a separate opinion and announced the judgment. Judge LUTTIG wrote an opinion concurring in the judgment. Judge GREGORY wrote an opinion concurring in the judgment.

OPINION

MICHAEL, Circuit Judge, writing separately in parts I, II, and III and announcing the judgment in part IV:

South Carolina has a statute that authorizes a specialty license plate imprinted with the words "Choose Life." A comparable...

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