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CHOICE INC. OF TEXAS v. GREENSTEIN

No. 11-30296.

691 F.3d 710 (2012)

CHOICE INCORPORATED OF TEXAS, doing business as Causeway Medical Clinic; Bossier City Medical Suite, Incorporated; Delta Clinic of Baton Rouge, Incorporated; Midtown Medical, L.L.C.; Women's Health Care Center, Incorporated; John Doe, M.D., Plaintiffs-Appellants, v. Bruce D. GREENSTEIN, in his official capacity as Secretary of the Louisiana Department of Health and Hospitals, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 17, 2012.

Attorney(s) appearing for the Case

Bonnie Scott Jones , Center for Reproductive Rights, U.S. Legal Program, Madeleine Ann Hensler , Joseph Alexander Lawrence (argued), Morrison & Foerster, L.L.P., New York City, William E. Rittenberg , Rittenberg, Samuel & Phillips, L.L.C., New Orleans, LA, for Plaintiffs-Appellants.

Ross Warren Bergethon , Asst. Atty. Gen. (argued), Fernin Farrell Eaton , LaVon D. Raymond , Dept. of Health & Hospitals, Baton Rouge, LA, Steven H. Aden , Alliance Defending Freedom, Washington, DC, for Defendant-Appellee.

Before DENNIS, CLEMENT and OWEN, Circuit Judges.

OWEN, Circuit Judge:

Plaintiffs sued the Secretary of the Louisiana Department of Health and Hospitals (the Secretary or the Department), challenging the constitutionality of Louisiana's Act 490. Prior to hearing the merits, the district court granted the Secretary's motion to dismiss, holding that the claims were not ripe. We affirm the district court's decision to dismiss the claims because Plaintiffs have failed to show...

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