No. 16-55249.

839 F.3d 823 (2016)

NATIONAL INSTITUTE OF FAMILY AND LIFE ADVOCATES, a Virginia corporation, DBA NIFLA; Pregnancy Care Center, a California corporation, DBA Pregnancy Care Clinic; Fallbrook Pregnancy Resource Center, a California corporation, Plaintiffs-Appellants, v. Kamala HARRIS, in her official capacity as Attorney General for the State of California; Thomas Montgomery, in his official capacity as County Counsel for San Diego County; Morgan Foley, in his official capacity as City Attorney for the City of El Cajon, CA; Edmund G. Brown, Jr., in his official capacity as Governor of the State of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 14, 2016.

Attorney(s) appearing for the Case

Matthew Bowman (argued) and David A. Cortman , Alliance Defending Freedom, Washington, D.C.; Dean R. Broyles , National Center for Law and Policy, Escondido, California; Kristen K. Waggoner , Kevin H. Theriot , and Elissa M. Graves , Alliance Defending Freedom, Scottsdale, Arizona; Anne O'Connor , National Institute of Family and Life Advocates, Fredericksburg, Virginia; for Plaintiffs-Appellants.

Jonathan M. Eisenberg (argued), Office of the Attorney General, Los Angeles, California, for Defendants-Appellees Kamala Harris and Edmund G. Brown, Jr.

Thomas D. Bunton (argued), Senior Deputy; Thomas E. Montgomery , County Counsel; Office of County Counsel, San Diego, California; for Defendant-Appellee Thomas Montgomery.

Carrie L. Mitchell , McDougal Love Eckis Boehmer & Foley, La Mesa, California, for Defendant-Appellee Morgan Foley.

Deborah J. Dewart , Swansboro, North Carolina; James L. Hirsen , Anaheim Hills , California; for Amicus Curiae Justice and Freedom Fund.

Kristen Law Sagafi and Martin D. Quiñones , Tycko & Zavareei LLP, Oakland, California, for Amicus Curiae Physicians for Reproductive Health.

Priscilla Joyce Smith , Brooklyn, New York, for Amicus Curiae Information Society Project at Yale Law School.

Before: Dorothy W. Nelson, A. Wallace Tashima, and John B. Owens, Circuit Judges.


The National Institute of Family and Life Advocates, et al. appeal from the district court's denial of their motion for a preliminary injunction to prevent the enforcement of the California Reproductive Freedom, Accountability, Comprehensive Care, and Transparency Act (the FACT Act or the Act). The Act...

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