PLANNED PARENTHOOD OF GULF COAST, INC. v. GEE

No. 15-30987.

862 F.3d 445 (2017)

PLANNED PARENTHOOD OF GULF COAST, INCORPORATED; Jane Doe #1; Jane Doe #2; Jane Doe #3, Plaintiffs-Appellees, v. Rebekah GEE, Secretary, Louisiana Department of Health and Hospitals, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED June 29, 2017.


Attorney(s) appearing for the Case

Carrie Yvette Flaxman , Planned Parenthood Federation of America, Washington, DC, Erwin Chemerinsky , University of California, Irvine, CA, Melissa Ann Cohen, Esq. , Planned Parenthood Federation of America, New York, NY, William E. Rittenberg, Esq. , Rittenberg, Samuel & Phillips, L.L.C., New Orleans, LA, for Plaintiffs-Appellees.

Jimmy Roy Faircloth, Jr. , Attorney, Faircloth, Melton & Sobel, L.L.C., Alexandria, LA, Brook Landry Villa , Faircloth, Melton & Sobel, L.L.C., Baton Rouge, LA, for Defendant-Appellant.

Alisa Beth Klein, Esq. , Mark Bernard Stern, Esq. , U.S. Department of Justice, Washington, DC, Mary Patricia Jones , Assistant U.S. Attorney, U.S. Attorney's Office, Baton Rouge, LA, for Amicus Curiae United States.

Martha Jane Perkins , National Health Law Program, Carrboro, NC, for Amici Curiae National Health Law Program, American Public Health Association, Center for Reproductive Rights, National Women's Law Center, National Family Planning & Reproductive Health Association, National Center for Lesbian Rights, National Latina Institute for Reproductive Health, IPAS, Sexuality Education and Information Council of the U.S.

Before WIENER, PRADO, and OWEN, Circuit Judges.


After this panel filed a unanimous opinion affirming the district court and a judge on this court then held the mandate, a panel member changed her position from agreeing to affirm the district court to advocating reversal. We therefore withdraw our original, unanimous opinion and replace it with two opinions: this one from...

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