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PRETERM-CLEVELAND v. HIMES

No. 18-3329.

940 F.3d 318 (2019)

PRETERM-CLEVELAND; Planned Parenthood Southwest Ohio Region; Women's Med Group Professional Corporation; Roslyn Kade, M.D.; Planned Parenthood of Greater Ohio, Plaintiffs-Appellees, v. Lance HIMES, Director, Ohio Department of Health; Kim G. Rothermel, Secretary, State Medical Board of Ohio; Bruce R. Saferin, Supervising Member, State Medical Board of Ohio, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 11, 2019.

Attorney(s) appearing for the Case

ARGUED: Benjamin M. Flowers , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellants. B. Jessie Hill , ACLU OF OHIO FOUNDATION, INC., Cleveland, Ohio, for Appellees. ON BRIEF: Steven T. Voigt , Tiffany L. Carwile , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellants. B. Jessie Hill , Freda J. Levenson , ACLU OF OHIO FOUNDATION, INC., Cleveland, Ohio, Alexa Kolbi-Molinas , AMERICAN CIVIL LIBERTIES UNION FOUNDATION, New York, New York, Carrie Y. Flaxman , PLANNED PARENTHOOD FEDERATION OF AMERICA, Washington, D.C., Jennifer L. Branch , GERHARDSTEIN & BRANCH CO. LPA, Cincinnati, Ohio, Melissa Cohen , PLANNED PARENTHOOD FEDERATION OF AMERICA, New York, New York, for Appellees. Michelle K. Terry , AMERICAN CENTER FOR LAW & JUSTICE, Franklin, Tennessee, Misha Tseytlin , STATE OF WISCONSIN DEPARTMENT OF JUSTICE, Madison, Wisconsin, Brandon D. Harper , O'MELVENY & MEYERS LLP, Washington, D.C., Justine Lara Konicki , KOHRMAN JACKSON & KRANTZ, Cleveland, Ohio, Elise Porter , Columbus, Ohio, for Amici Curiae.

DONALD, J., delivered the opinion of the court in which COLE, C.J., joined. BATCHELDER, J. (pp. 325-28), delivered a separate dissenting opinion.

OPINION

Before us is an appeal from the district court's grant of a preliminary injunction against Defendants, enjoining them from implementing or enforcing Ohio law H.B. 214. As enacted, H.B. 214 prohibits an abortion provider from performing an abortion with the knowledge that the decision to abort...

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