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PLANNED PARENTHOOD OF GREATER OHIO v. HIMES

No. 16-4027.

888 F.3d 224 (2018)

PLANNED PARENTHOOD OF GREATER OHIO; Planned Parenthood of Southwest Ohio Region, Plaintiffs-Appellees, v. Lance HIMES, in his official capacity as Interim Director of the Ohio Department of Health, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 18, 2018.

Attorney(s) appearing for the Case

ARGUED: Eric E. Murphy , Office Of The Ohio Attorney General, Columbus, Ohio, for Appellant. Paul R.Q. Wolfson , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., for Appellees. ON BRIEF: Eric E. Murphy, Hannah C. Wilson , Ryan L. Richardson , Zachery P. Keller , Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Paul R.Q. Wolfson, Kimberly A. Parker , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., Jennifer L. Branch , Gerhardstein & Branch Co. LPA, Cincinnati, Ohio, Helene T. Krasnoff , Carrie Y. Flaxman , Planned Parenthood Federation of America, Washington, D.C., for Appellees. Aaron D. Lindstrom , Office of the Michigan Attorney General, Lansing, Michigan, Laura Etlinger , Office of the New York Attorney General, Albany, New York, Jyotin Hamid , Debevoise & Plimpton LLP, New York, New York, for Amici Curiae.

Before: SILER, CLAY, and WHITE, Circuit Judges.

OPINION

Enacted in 2016, Ohio Revised Code § 3701.034 requires the Ohio Department of Health (ODH) to ensure that all funds it receives through six non-abortion-related federal health programs are not used to contract with any entity that performs or promotes nontherapeutic abortions, or becomes or...

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