EDWARDS v. BECK

No. 14-1891.

786 F.3d 1113 (2015)

Louis Jerry EDWARDS, M.D., on behalf of himself and his patients; Tom Tvedten, M.D., on behalf of himself and his patients, Plaintiffs-Appellees v. Joseph M. BECK, M.D., President of the Arkansas State Medical Board, and his successors in office, in their official capacity; Omar Atiq, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity; Harold B. Betton, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity; Steven L. Cathey, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity; Jim Citty, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity; Bob Cogburn, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity; William F. Dudding, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity; Roger Harmon, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity; John E. Hearnsberger, II, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity; Verly Hodges, D.O., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity; Scott Pace, Pharm. D., J.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity; John H. Scribner, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity; Sylvia D. Simon, M.D., officer and member of the Arkansas State Medical Board, and her successors in office, in their official capacity; John. Weiss, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity, Defendants-Appellants. Curtis James Neeley, Jr.; Women Injured by Abortion; An Abortion Survivor; Liberty Council, Inc.; Concepts of Truth, Inc., Amici on Behalf of Appellant(s). Physicians for Reproductive Health; National Abortion Federation; American Public Health Association, Amici on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: May 27, 2015.


Attorney(s) appearing for the Case

Colin Jorgensen , argued, Assistant Attorney General, Little Rock, AR ( Mr. Curtis Neeley, Jr. , Fayetteville, AR, Allan Parker, Jr. , San Antonio, TX, and Kathleen Cassidy Goodman , Helotes, TX, Matthew Staver , Anita Staver , Orlando, FL, of Orlando, FL, Mary E. McAlister and Daniel Schmid , Lynchburg, VA on the brief), for Defendants-Appellants.

Susan Talcott Camp , argued, New York, N.Y. ( Bettina E. Brownstein , Holly Elizabeth Dickson , Little Rock, AR, Stephanie Toti , Claude Szyfer , Shannon Selden , Courtney Dankworth , and Marjorie Menza , New York, N.Y., on the brief), for Plaintiffs-Appellees.

Before SMITH, BENTON, and SHEPHERD, Circuit Judges.


[Published]

The Arkansas State Medical Board (the State) appeals from a summary judgment permanently enjoining certain sections of the Arkansas Human Heartbeat Protection Act. Ark.Code Ann. §§ 20-16-1301 to 1307 (2013). Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

I.

The Act provides...

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