WOMEN'S MEDICAL PROFESSIONAL CORP. v. BAIRD

Nos. 03-4249, 04-3060.

438 F.3d 595 (2006)

WOMEN'S MEDICAL PROFESSIONAL CORPORATION; Martin Haskell, M.D., Plaintiffs-Appellees, v. J. Nick BAIRD, M.D., Director of Ohio Department of Health, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 17, 2006.


Attorney(s) appearing for the Case

ARGUED: Diane R. Brey, Office of the Attorney General, Columbus, Ohio, for Appellant. Alphonse A. Gerhardstein, Laufman & Gerhardstein, Cincinnati, Ohio, for Appellees. ON BRIEF: Diane R. Brey, Douglas R. Cole, Stephen P. Carney, Dennis G. Nealon, Winston M. Ford, Office of the Attorney General, Columbus, Ohio, for Appellant. Alphonse A. Gerhardstein, Jennifer L. Branch, Laufman & Gerhardstein, Cincinnati, Ohio, David C. Greer, Bieser, Greer & Landis, Dayton, Ohio, for Appellees.

Before: GIBBONS and SUTTON, Circuit Judges; EDGAR, District Judge.


GIBBONS, J., delivered the opinion of the court, in which EDGAR, D.J., joined.

SUTTON, J. (pp. 616 — 20), delivered a separate opinion concurring in part and dissenting in part.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Plaintiff-appellee Women's Medical Professional Corporation ("WMPC") operates an abortion clinic in Dayton, Ohio. Under Ohio law, the Dayton clinic is required to be licensed. The clinic attempted to enter into a...

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