PLANNED PARENTHOOD OF GREATER OHIO v. HODGES

No. 16-4027.

917 F.3d 908 (2019)

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

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 12, 2019.


Attorney(s) appearing for the Case

COUNSEL REARGUED EN BANC: Stephen P. Carney , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellant. Alan E. Schoenfeld , WILMER CUTLER PICKERING HALE AND DORR LLP, New York, New York, for Appellees. Hashim M. Mooppan , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Federal Amicus Curiae. ON SUPPLEMENTAL BRIEF: Stephen P. Carney , Eric E. Murphy , Hannah C. Wilson , Zachery P. Keller , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellant. Alan E. Schoenfeld , WILMER CUTLER PICKERING HALE AND DORR LLP, New York, New York, Jennifer L. Branch , GERHARDSTEIN & BRANCH CO. LPA, Cincinnati, Ohio, Helene T. Krasnoff , Carrie Y. Flaxman , PLANNED PARENTHOOD FEDERATION OF AMERICA, Washington, D.C., Paul R.Q. Wolfson , Kimberly A. Parker , WILMER CUTLER PICKERING HALE AND DORR LLP, Washington, D.C., for Appellees.

Hashim M. Mooppan , Matthew M. Collette , Lewis S. Yelin , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., Aaron D. Lindstrom , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, Jay Alan Sekulow , AMERICAN CENTER FOR LAW & JUSTICE, Washington, D.C., Steven H. Aden , AMERICANS UNITED FOR LIFE, Arlington, Virginia, Laura Etlinger , OFFICE OF THE NEW YORK ATTORNEY GENERAL, Albany, New York, T. Dietrich Hill , KELLOGG, HANSEN, TODD, FIGEL & FREDERICK, P.L.L.C., Washington, D.C., Jyotin Hamid , DEBEVOISE & PLIMPTON LLP, New York, New York, for Amici Curiae.

Before: COLE, Chief Judge; SILER, BATCHELDER, MOORE, CLAY, GIBBONS, SUTTON, COOK, GRIFFIN, KETHLEDGE, WHITE, STRANCH, DONALD, THAPAR, BUSH, LARSEN, and NALBANDIAN, Circuit Judges.


OPINION

Ohio, like many governments, often partners with nonprofit organizations to promote policies of the State. Through one such partnership, the State distributes government funds to several organizations to address a wide range of public health issues. For many years, Planned Parenthood participated in these...

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