NOVA HEALTH SYSTEMS v. GANDY

No. 02-5094.

416 F.3d 1149 (2005)

NOVA HEALTH SYSTEMS, doing business as Reproductive Services, on behalf of itself, its staff and its patients, Plaintiff-Appellee, v. Dean GANDY, in his official capacity as Executive Director of the University Hospital Authority; Terry L. Cline, in his official capacity as Commissioner of the Oklahoma Department of Mental Health and Substance Abuse Services; Dr. James Halligan, in his official capacity as President of Oklahoma State University; David L. Boren, in his official capacity as President of the University of Oklahoma, Defendants-Appellants, and Mike Fogarty, in his official capacity as Chief Executive Officer of the Oklahoma Health Care Authority, Defendant. Seventy-Six Oklahoma State Legislators, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

July 20, 2005.


Attorney(s) appearing for the Case

Teresa Stanton Collett, Houston, TX, for Amicus Curiae in support of Defendants-Appellants (Elizabeth R. Sharrock, Assistant Attorney General, Oklahoma City, OK, for Defendants-Appellants on the briefs).

Bebe J. Anderson, Center for Reproductive Rights, New York, NY, (M.M. Hardwick, Tulsa, OK, with her on the briefs) for Plaintiff-Appellee.

Before EBEL, BRISCOE and TYMKOVICH, Circuit Judges.


EBEL, Circuit Judge.

An Oklahoma statute makes abortion providers liable for any subsequent medical costs that may be required because of an abortion performed on a minor without parental consent or knowledge. Seeking to challenge the constitutionality of that statute, Nova Health Services ("Nova"), an abortion provider, brought this action for injunctive and declaratory relief against various officials who oversee certain public health care facilities in Oklahoma...

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