STUART v. HUFF

No. 12-1052.

706 F.3d 345 (2013)

Gretchen S. STUART, MD, on behalf of herself and her patients seeking abortions; James R. Dingfelder, MD, on behalf of himself and his patients seeking abortions; David A. Grimes, MD, on behalf of himself and his patients seeking abortions; Amy Bryant, MD, on behalf of herself and her patients seeking abortions; Serina Floyd, MD, on behalf of herself and her patients seeking abortions; Decker & Watson, Inc., d/b/a Piedmont Carolina Medical Clinic; Planned Parenthood Of Central North Carolina; A Woman's Choice of Raleigh, Inc.; Planned Parenthood Health Systems, Inc.; Takey Crist, M.D., on behalf of himself and his patients seeking abortions; Takey Crist, M.D., P.A., d/b/a Crist Clinic for Women, Plaintiffs-Appellees, v. Janice E. HUFF, MD, in her official capacity as President of the North Carolina Medical Board and her employees, agents and successors; Roy Cooper, in his official capacity as Attorney General of North Carolina and his employees, agents and successors; Lanier M. Cansler, in his official capacity as Secretary of the North Carolina Department of Health and Human Services and his employees, agents and successors; Jim Woodall, in his official capacity as District Attorney ("DA") for Prosecutorial District ("PD") 15B and his employees, agents and successors; Tracey E. Cline, in her official capacity as DA for PD 14 and her employees, agents and successors; Doug Henderson, in his official capacity as DA for PD 18 and his employees, agents and successors; Billy West, in his official capacity as DA for PD 12 and his employees, agents and successors; C. Colon Willoughby, Jr., in his official capacity as DA for PD 10 and his employees, agents and successors; Benjamin R. David, in his official capacity as DA for PD 5 and his employees, agents and successors; Jim O'Neill, in his official capacity as DA for PD 21 and his employees, agents and successors; Ernie Lee, in his official capacity as DA for PD 4 and his employees, agents and successors, Defendants, and John M. Thorp, Jr., MD; Gregory J. Brannon, MD; Martin J. McCaffrey, MD; Chimere Collins; Dallene Hallenbeck; Tracie Johnson; Lanita Wilks; Asheville Pregnancy Support Services; Pregnancy Resource Center of Charlotte, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: January 24, 2013.


Attorney(s) appearing for the Case

ARGUED: Samuel Brown Casey, III , Jubilee Campaign-Law of Life Project, Washington, D.C., for Appellants. Anton Metlitsky , O'Melveny & Myers, LLP, New York, New York, for Appellees. ON BRIEF: Steven H. Aden , Alliance Defending Freedom, Washington, D.C.; W. Eric Medlin , Robertson, Medlin & Bloss, PLLC, Greensboro, North Carolina, for Appellants. Katherine Lewis Parker , American Civil Liberties Union of North Carolina Legal Foundation, Raleigh, North Carolina; Andrew D. Beck , American Civil Liberties Union Foundation, New York, New York; Walter Dellinger , Laura Conn , O'Melveny & Myers, LLP, Washington, D.C.; Bebe J. Anderson , Center for Reproductive Rights, New York, New York; Helene T. Krasnoff , Planned Parenthood Fed. of America, Washington, D.C., for Appellees.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge TRAXLER and Judge DUNCAN joined.


OPINION

WILKINSON, Circuit Judge:

In late 2011, plaintiffs challenged the constitutionality of the North Carolina "Woman's Right to Know Act," ("the Act"), a statute that requires certain informed consent procedures prior to the performance of an abortion, N.C. Gen.Stat. §§ 90-21.80 to -21.92. Although the North Carolina Attorney General actively sought to defend the statute, appellants — a group of pro-life medical professionals, women...

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