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PLANNED PARENTHOOD SOUTHWEST OHIO REGION v. DEWINE

Nos. 17-3866/3867.

931 F.3d 530 (2019)

PLANNED PARENTHOOD SOUTHWEST OHIO REGION; Planned Parenthood of Greater Ohio; Preterm; Timothy Kress, Plaintiffs-Appellees, v. Mike DEWINE (17-3866); Joseph Deters (17-3867), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 25, 2019.

Rehearing En Banc Denied August 29, 2019

Attorney(s) appearing for the Case

ARGUED: Hannah C. Wilson , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellant Mike DeWine. Jennifer L. Branch , GERHARDSTEIN & BRANCH CO. LPA, Cincinnati, Ohio, for Appellees. ON BRIEF: Eric E. Murphy , Stephen P. Carney , Tiffany L. Carwile , Bridget C. Coontz , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellant Mike DeWine. Roger E. Friedmann , Michael G. Florez , HAMILTON COUNTY PROSECUTOR'S OFFICE, Cincinnati, Ohio, for Appellant Joseph Deters. Jennifer L. Branch , Alphonse A. Gerhardstein , GERHARDSTEIN & BRANCH CO. LPA, Cincinnati, Ohio, for Appellees.

Before: MERRITT, DAUGHTREY, and STRANCH, Circuit Judges.

OPINION

Planned Parenthood brought this challenge to an Ohio statute that regulates the use and prescription of mifepristone for the medical induction of abortion. Based on the likelihood of success of one of its claims, Planned Parenthood obtained a preliminary injunction, which this court eventually...

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