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PLAN'D PARENTHOOD SURGICAL HEALTH SERVS. v. ABBOTT

No. 13-51008.

734 F.3d 406 (2013)

PLANNED PARENTHOOD OF GREATER TEXAS SURGICAL HEALTH SERVICES; Planned Parenthood Center for Choice; Planned Parenthood Sexual Healthcare Services; Planned Parenthood Women's Health Center; Whole Woman's Health; Austin Women's Health Center; Killeen Women's Health Center; Southwestern Women's Surgery Center; West Side Clinic, Incorporated; Routh Street Women's Clinic; Houston Women's Clinic, each on behalf of itself, its patients and physicians; Alan Braid, M.D.; Lamar Robinson, M.D.; Pamela J. Richter, D.O., each on behalf of themselves and their patients, Plaintiffs-Appellees, v. Gregory ABBOTT, Attorney General of Texas; David Lakey, M.D., Commissioner of the Texas Department of State Health Services; Mari Robinson, Executive Director of the Texas Medical Board, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 31, 2013.

Attorney(s) appearing for the Case

Helene T. Krasnoff , Alice Clapman , Planned Parenthood Federation of America, Washington, DC, Elizabeth Rose von Kreisler , George Brothers Kincaid & Horton, L.L.P., Austin, TX, Janet Crepps , Simpsonville, SC, Esha Bhandari , New York, NY, Elizabeth Rose von Kreisler , Brigitte Adrienne Amiri , for Plaintiffs-Appellees.

Jonathan F. Mitchell , Solicitor General, Office of the Solicitor General, Arthur Cleveland D'Andrea , Andrew S. Oldham , Deputy Solicitor General, Office of the Attorney General, Office of the Solicitor General, Austin, TX, for Defendants-Appellants.

Before OWEN, ELROD, and HAYNES, Circuit Judges.

PRISCILLA R. OWEN, Circuit Judge:

Planned Parenthood of Greater Texas Surgical Health Services and other plaintiffs brought suit seeking a permanent injunction against the enforcement of two amendments to the laws of Texas pertaining to the performance of abortions (2013 Texas House Bill No. 2 ("H.B.2")). At the conclusion of a bench trial, the district court held that parts of the legislation were unconstitutional and granted, in large measure, the requested injunctive...

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