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REPRODUCTIVE HEALTH SERVICES v. NIXON

No. 04-2909.

429 F.3d 803 (2005)

REPRODUCTIVE HEALTH SERVICES OF PLANNED PARENTHOOD OF THE ST. LOUIS REGION, INC., on behalf of themselves and their patients, also known as Planned Parenthood; Robert Crist, Appellees, v. Jeremiah W. NIXON, Attorney General of Missouri in his official capacity, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: November 28, 2005.

Attorney(s) appearing for the Case

James Robert Layton, State Solicitor, Office of the Attorney General, argued, Jefferson City, MO (Michael Pritchett, Assistant Missouri Attorney General, on the brief), for appellant.

Dara Klassel, argued, New York, NY (Roger Evans, New York, NY; Arthur A. Benton II and Jamie Kathryn Lansford, Kansas City, MO, on the brief), for appellees.

Before LOKEN, Chief Judge, FAGG, and BYE, Circuit Judges.

BYE, Circuit Judge.

In 1999, the Missouri legislature enacted the "Infant's Protection Act," which established the crime of infanticide. Mo.Rev.Stat. § 565.300. The statute criminalizes what is commonly known as partial birth abortion. The district court1 determined, at summary judgment, the statute was unconstitutional under the Supreme Court's decision in Stenberg v. Carhart, 530 U.S. 914,...

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