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WHOLE WOMAN'S HEALTH v. LAKEY

No. 14-50928.

769 F.3d 285 (2014)

WHOLE WOMAN'S HEALTH; Austin Women's Health Center; Killeen Women's Health Center; Nova Health Systems, doing business as Reproductive Services; Sherwood C. Lynn, Jr., M.D., on behalf of themselves and their patients; Pamela J. Richter, D.O., on behalf of themselves and their patients; Lendol L. Davis, M.D., on behalf of themselves and their patients, Plaintiffs-Appellees-Cross-Appellants. v. David LAKEY, M.D., 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-Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

October 2, 2014.

Attorney(s) appearing for the Case

Stephanie Toti, Esq. , Staff Attorney, Esha Bhandari , David Patrick Brown , Center for Reproductive Rights, New York, NY, Betre Gizaw , Morrison & Foerster, Washington, DC, Joseph Alexander Lawrence, Esq. , Morrison & Foerster, L.L.P., New York, NY, Jan Soifer , O'Connell & Soifer, L.L.P., Austin, TX, for Plaintiff-Appellee Cross-Appellant.

Jonathan F. Mitchell , Solicitor General, Beth Ellen Klusmann, Esq. , Michael P. Murphy , Andrew S. Oldham , Deputy Solicitor General, Office of the Solicitor General for the State of Texas, Austin, TX, for Defendant-Appellant Cross-Appellee.

Before SMITH, ELROD, and HIGGINSON, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge:

Plaintiffs1 filed this lawsuit seeking declaratory relief and permanent injunctions against the enforcement of two recent amendments to Texas's laws pertaining to the performing of abortions. See 2013 Texas House Bill No. 2 ("H.B.2").2 The lawsuit was filed in April 2014, and the district court conducted a four-day bench...

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