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JUNE MEDICAL SERVICES L.L.C. v. GEE

No. 17-30397.

905 F.3d 787 (2018)

JUNE MEDICAL SERVICES L.L.C., on behalf of its patients, physicians, and staff, doing business as Hope Medical Group for Women; John Doe 1; John Doe 2, Plaintiffs-Appellees, v. Doctor Rebekah GEE, in her official capacity as Secretary of the Louisiana Department of Health and Hospitals, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED September 26, 2018.

Attorney(s) appearing for the Case

Janet Crepps , Center for Reproductive Rights, U.S. Litigation, New York, NY, Dimitra Doufekias, Esq. , Morrison & Foerster, L.L.P., Washington, DC, Charles M. Samuel, III , Rittenberg, Samuel & Phillips, L.L.C., New Orleans, LA, for Plaintiffs-Appellees.

Elizabeth Baker Murrill, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, Leah Draayer McDowell , Stephen S. Schwartz , Schaerr Duncan, L.L.P., Washington, DC, for Defendant-Appellant.

Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

Louisiana enacted the Unsafe Abortion Protection Act ("Act 620" or "the Act"), requiring abortion providers to have admitting privileges at a hospital located within thirty miles of the clinic where they perform abortions.1 On remand for consideration...

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