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PARENTHOOD OF GREATER TX SURGICAL HEALTH v. ABBOTT

No. 13-51008.

769 F.3d 330 (2014)

PLANNED PARENTHOOD OF GREATER TEXAS SURGICAL HEALTH SERVICES; Planned Parenthood Center for Choice; Planned Parenthood Sexual Healthcare Services; 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; Planned Parenthood Women's Health Center, Plaintiffs-Appellees v. Attorney General Gregory ABBOTT; David Lakey, M.D.; Mari Robinson, Executive Director of the Texas Medical Board, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 9, 2014.

Attorney(s) appearing for the Case

Helene T. Krasnoff , Alice Clapman , Planned Parenthood Federation of America, Washington, DC, Roger James George, Jr. , Trial Attorney, Elizabeth Rose von Kreisler , George Brothers Kincaid & Horton, L.L.P., Austin, TX, Janet Crepps , Center for Reproductive Rights, Simpsonville, SC, Esha Bhandari , Center for Reproductive Rights, Immigrants' Rights Project, Brigitte Adrienne Amiri , Senior Attorney, Renee Paradis , American Civil Liberties Union Foundation of New York, New York, NY, Rebecca L. Robertson , Attorney, Houston, TX, for Plaintiffs-Appellees.

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

Mailee Rebecca Smith, Esq. , Americans United for Life, Catherine Glenn Foster , Alliance Defending Freedom, Kimberly A. Parker , Skye Lynn Perryman, Esq. , Wilmer, Cutler, Pickering, Hale & Dorr, L.L.P., Lawrence John Joseph , Washington, DC, Stephen Daniel Casey, Esq. , Attorney, Casey Law Office, P.C., Round Rock, TX, for Amicus Curiae.

Before JONES, ELROD, and HAYNES, Circuit Judges.

ON PETITION FOR REHEARING AND REHEARING EN BANC

EDITH H. JONES, Circuit Judge:

The Petition for Rehearing is DENIED. Judge Dennis dissents from the court's denial of rehearing en banc and his dissent is attached.

The court having been polled at the request of one of its members, and a majority of the judges who are in regular active service and not disqualified not having voted in favor (Fed. R.App. P. 35 and 5th Cir. R. 35), the Petition...

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