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CINCINNATI WOMEN'S SERVICES, INC. v. TAFT

No. 05-4174.

468 F.3d 361 (2006)

CINCINNATI WOMEN'S SERVICES, INC.; Walter Bowers, Dr., Plaintiffs-Appellants, v. Robert TAFT, Governor of Ohio; Betty D. Montgomery, Attorney General; Joseph Deters; Michael K. Allen; Jim Petro, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 13, 2006.

Attorney(s) appearing for the Case

ARGUED: Alphonse A. Gerhardstein, Gerhardstein & Branch, Cincinnati, Ohio, for Appellants. Diane Richards Brey, Office of the Attorney General of Ohio, Columbus, Ohio, for Appellees. ON BRIEF: Alphonse A. Gerhardstein, Jennifer L. Branch, Gerhardstein & Branch, Cincinnati, Ohio, David A. Friedman, Fernandez Friedman Grossman Kohn & Son, Louisville, Kentucky, for Appellants. Diane Richards Brey, Stephen P. Carney, Douglas R. Cole, Office of the Attorney General of Ohio, Columbus, Ohio, Anne Berry Strait, Tracy M. Greuel, Office of the Attorney General, Charitable Law Section, Columbus, Ohio, for Appellees.

Before COLE, GIBBONS, and ROGERS, Circuit Judges.

COLE, J., delivered the opinion of the court, in which GIBBONS, J. joined. ROGERS, J. (pp. 374-78), delivered a separate concurring opinion.

OPINION

R. GUY COLE, JR., Circuit Judge.

In this facial constitutional attack, Plaintiffs-Appellants Cincinnati Women's Services ("CWS") and Dr. Walter Bowers, CWS's medical director, appeal the district court's judgment upholding two provisions of Ohio House Bill 421, a law enacted by the Ohio General Assembly...

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