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REPRODUCTIVE HEALTH SERVICES v. NIXON

No. 04-2674.

428 F.3d 1139 (2005)

REPRODUCTIVE HEALTH SERVICES OF PLANNED PARENTHOOD OF THE ST. LOUIS REGION, INC., et al., Plaintiffs-Appellees, v. Jeremiah W. NIXON, Attorney General of Missouri, in his official capacity, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: November 16, 2005.

Attorney(s) appearing for the Case

Victorine R. Mahon, argued, Assistant Missouri Attorney General, Jefferson City, MO, for appellant.

Donna Lee, argued, New York, NY (Roger Evans of New York, NY, Arthur A. Benson, II and Jamie Kathryn Lansford, Kansas City, MO, and Helene T. Kransoff, Washington, DC, on the brief), for appellee.

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

LOKEN, Chief Judge.

Former section 188.039 of the Missouri Revised Statutes, enacted in 1986, provided that no physician may perform an abortion unless the woman patient has signed an "informed consent" form stating that her attending physician advised her whether she is pregnant, the risks associated with the abortion procedure to be used, and the alternatives to abortion. The district court enjoined enforcement of this statute in Reproductive Health Servs. v...

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