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TEXAS MEDICAL PROVIDERS v. LAKEY

No. 11-50814.

667 F.3d 570 (2012)

TEXAS MEDICAL PROVIDERS PERFORMING ABORTION SERVICES, a class represented by Metropolitan OBGYN, P.A.; on behalf of itself and its patients seeking abortions, doing business as Reproductive Services of San Antonio; Alan Braid, on behalf of himself and his patients seeking abortions, Plaintiffs-Appellees, v. David LAKEY, Commissioner of the Texas Department of State Health Services, in his official capacity; Mari Robinson, Executive Director of the Texas Medical Board, in her official capacity, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 10, 2012.

Attorney(s) appearing for the Case

Julie Rikelman (argued), Bonnie Scott Jones , Center for Reproductive Rights, U.S. Legal Program, Joseph Alexander Lawrence , Jamie A. Levitt , Morrison & Foerster, L.L.P., New York City, Richard Alan Grigg , Spivey & Grigg, L.L.P., Austin, TX, Susan Lea Hays , Godwin Ronquillo, P.C., Dallas, TX, for Plaintiffs-Appellees.

Jonathan Franklin Mitchell , Sol. (argued), Arthur Cleveland D'Andrea, Office of the Sol. Gen. for the State of Texas, Austin, TX, for Defendants-Appellants.

Andrew Layton Schlafly , Far Hills, NJ, Paul Benjamin Linton , Northbrook, IL, Jeffrey Carl Mateer , Gen. Counsel, Liberty Legal Institute, Plano, TX, Walter Martin Weber , American Center for Law & Justice, Samuel Brown Casey , Gen. Counsel, Washington, DC, Allan Edward Parker, Jr. , Justice Foundation, San Antonio, TX, Kathleen A. Cassidy Goodman , Law Office of Kathleen Cassidy Goodman, Helotes, TX, Gary G. Kreep , United States Justice Foundation, Ramona, CA, for Amici Curiae.

Before JONES, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.

EDITH H. JONES, Chief Judge:

Physicians and abortion providers—collectively representing all similarly situated Texas Medical Providers Performing Abortion Services ("TMPPAS")—sued the Commissioner of the Texas Department of State Health Services and the Executive Director of the Texas Medical Board (collectively "the State") under 42 U.S.C. § 1983 for declaratory and injunctive relief against alleged constitutional violations resulting from the...

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