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NATIONAL FAMILY PLAN. & REPRO. HEALTH v. GONZALES

No. 05-5406.

468 F.3d 826 (2006)

NATIONAL FAMILY PLANNING AND REPRODUCTIVE HEALTH ASSOCIATION, INC., Appellant v. Alberto GONZALES, Attorney General of the United States, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 14, 2006.

Attorney(s) appearing for the Case

James L. Feldesman argued the cause for appellant. With him on the briefs were Kathy S. Ghiladi and Robert A. Graham.

August E. Flentje, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, and Robert M. Loeb, Attorney.

Stephen H. Aden argued the cause for appellees Christian Medical Association and American Association of Pro-Life Obstetricians and Gynecologists. With him on the brief was Benjamin W. Bull.

Jay Alan Sekulow, Colby M. May and James M. Henderson, Sr. were on the brief for amici curiae for U.S. Representative Henry J. Hyde, et al. in support of appellees.

Before: GINSBURG, Chief Judge, and SENTELLE, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge.

At the end of 2004 Congress adopted a provision commonly known as the Weldon Amendment (named after Representative David Weldon), prohibiting recipients of federal grant funds from discriminating against individuals or entities that refuse to provide or refer for abortions. Consolidated Appropriations Act, 2005, Pub.L. No. 108-447, § 508(d), 118 Stat. 2809, 3163...

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