DOES v. GILLESPIE

Nos. 15-3271, 16-4068.

867 F.3d 1034 (2017)

Jane DOES, 1-3; Planned Parenthood of Arkansas & Eastern Oklahoma, doing business as Planned Parenthood Great Plains, Plaintiffs-Appellees, v. Cindy GILLESPIE, Director of the Arkansas Department of Human Services, Defendant-Appellant. American Public Health Association; National Center for Lesbian Rights; National Family Planning & Reproductive Health Association; National Health Law Program; National Latina Institute for Reproductive Health; National Women's Law Center; Sexuality Information and Education Council of the U.S., Amici on Behalf of Appellees. Planned Parenthood of Arkansas & Eastern Oklahoma, doing business as Planned Parenthood Great Plains; Jane Does, 1-3, Plaintiffs-Appellees, v. Cindy Gillespie, Director of the Arkansas Department of Human Services, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 16, 2017.


Attorney(s) appearing for the Case

Bettina E. Brownstein , Little Rock, AR, Erwin Chemerinsky , UCI School of Law, Irvine, CA, Jennifer Sandman , Planned Parenthood Federation of America, New York, NY, for Plaintiffs-Appellees (Case Nos. 15-3271, 16-4068).

Carmine Joseph Cordi, Jr. , Fayetteville, AR, David A. Curran , Associate General Counsel, Little Rock, AR, University of Arkansas, Office of General Counsel, for Defendant-Appellant (Case No. 15-3271).

Lee P. Rudofsky , Attorney General's Office, David W. Sterling , Arkansas Department of Human Services, Office of Chief Counsel, Little Rock, AR, for Defendant-Appellant (Case Nos. 15-3271, 16-4068).

Martha Jane Perkins , National Health Law Program, Carrboro, NC, for Amici on Behalf of Appellee(s) American Public Health Association, National Center for Lesbian Rights, National Family Planning & Reproductive Health Association, National Health Law Program, National Latina Institute for Reproductive Health, National Women's Law Center, Sexuality Information and Education Council of the U.S. (Case No. 15-3271).

Charles Lyford , Attorney General's Office, Little Rock, AR, for Defendant-Appellant (Case No. 16-4068).

Before COLLOTON, MELLOY, and SHEPHERD, Circuit Judges.


The Arkansas Department of Human Services terminated its Medicaid provider agreements with Planned Parenthood of Arkansas and Eastern Oklahoma after the release of controversial video recordings involving other Planned Parenthood affiliates. Planned Parenthood of Arkansas and Eastern Oklahoma could have challenged the termination...

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