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PLANNED PARENTHOOD ASS'N OF HIDALGO CTY. v. SUEHS

No. 12-50377.

692 F.3d 343 (2012)

PLANNED PARENTHOOD ASSOCIATION OF HIDALGO COUNTY TEXAS, INCORPORATED; Planned Parenthood Association of Lubbock, Incorporated; Planned Parenthood of Cameron and Willacy Counties; Family Planning Associates of San Antonio; Planned Parenthood of Central Texas; Planned Parenthood of Gulf Coast, Incorporated; Planned Parenthood of North Texas, Incorporated; Planned Parenthood of West Texas, Incorporated; Planned Parenthood of Austin Family Planning, Incorporated, Plaintiffs-Appellees, v. Thomas M. SUEHS, Executive Commissioner, Texas Health and Human Services Commission, in his Official Capacity, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 21, 2012.

Attorney(s) appearing for the Case

Helene T. Krasnoff (argued), Carrie Yvette Flaxman , Planned Parenthood Federation of America, Washington, DC, Matthew Birk Baumgartner , Pieter M. Schenkkan , Graves, Dougherty, Hearon & Moody, P.C., Austin, TX, Roger K. Evans , Planned Parenthood Federation of America, New York City, for Plaintiffs-Appellees.

Kristofer S. Monson (argued), Office of the Atty. Gen. for the State of Texas, Jonathan F. Mitchell , Solicitor, Office of the Sol. Gen. for the State of Texas, Michael P. Murphy, Andrew S. Oldham , Deputy Sol. Gen., Office of the Atty. Gen., Office of the Sol. Gen., Austin, TX, for Defendant-Appellant.

Lawrence John Joseph , Washington, DC, for Eagle Forum Educ. and Legal Defense, and Texas Eagle Forum, Amici Curiae.

Jay A. Sekulow , American Center for Law & Justice, Washington, DC, for American Center for Law and Justice, Houston Coalition for Life, and Committee to Stop Taxpayer Funding of Abortion, Amici Curiae.

Before JOLLY, DeMOSS and STEWART, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The appellees, nine Planned Parenthood organizations that operate health clinics in Texas, obtained a preliminary injunction to block the enforcement of Texas Health and Human Services Commission regulations. The regulations state that health care providers participating in a Medicaid-like program must not perform or promote elective abortions or be affiliates of entities that perform or promote elective abortions. The district court...

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