PLANNED PARENTHOOD OF CINCINNATI v. STRICKLAND

Nos. 06-4422, 06-4423.

531 F.3d 406 (2008)

PLANNED PARENTHOOD CINCINNATI REGION; Planned Parenthood Of Greater Cleveland; Planned Parenthood Of Central Ohio; Preterm; Dr. Roslyn Kade; and Dr. Laszlo Sogor, Plaintiffs-Appellees, v. Ted STRICKLAND, Governor of the State of Ohio, Defendant, Nancy H. Rogers, Interim Attorney General of the State of Ohio; and Joseph T. Deters, Hamilton County, Ohio, Prosecuting Attorney as representative of a class of all Prosecuting Attorneys in Ohio, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 23, 2008.


Attorney(s) appearing for the Case

ARGUED: Anne Berry Strait, Office of the Attorney General, Columbus, Ohio, for Appellants. Mimi Y.C. Liu, Planned Parenthood Federation of America, Washington, DC, for Appellees. ON BRIEF: Anne Berry Strait, Office of the Attorney General, Columbus, Ohio, for Appellants. Alphonse A. Gerhardstein, Gerhardstein & Branch Co. LPA, Cincinnati, Ohio, Helene T. Krasnoff, Planned Parenthood Federation of America, Washington, DC, Roger K. Evans, Planned Parenthood Federation of America, New York, New York, B. Jessie Hill, Case Western Reserve University, Cleveland, Ohio, Jeffrey M. Gamso, American Civil Liberties Union of Ohio Foundation, Cleveland, Ohio, for Appellees. Mailee R. Smith, Denise M. Burke, Clarke D. Forsythe, Americans United for Life, Chicago, Illinois, for Amici Curiae.

Before: MOORE, ROGERS, and McKEAGUE, Circuit Judges.


ORDER OF CERTIFICATION TO THE SUPREME COURT OF OHIO

McKEAGUE, Circuit Judge.

On remand from this court's decision in Planned Parenthood v. Taft, 444 F.3d 502 (6th Cir.2006), the district court permanently enjoined the enforcement of Ohio Revised Code ("O.R.C.") § 2919.123 on the basis that it is unconstitutionally vague. The defendants-appellants, Interim Ohio Attorney General, Nancy H. Rogers, and Hamilton County...

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