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IN RE GEE

No. 19-30353.

941 F.3d 153 (2019)

IN RE: Rebekah GEE, in her official capacity as Secretary of the Louisiana Department of Health; James E. Stewart, Sr., in his official capacity as District Attorney for Caddo Parish, Petitioners.

United States Court of Appeals, Fifth Circuit.

FILED October 18, 2019.

Attorney(s) appearing for the Case

Elizabeth Baker Murrill, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, for Petitioners.

Beth Ellen Klusmann, Esq. , Kyle Douglas Hawkins , Office of the Attorney General, Office of the Solicitor General, Austin, TX, Heather Gebelin Hacker , Assistant Solicitor General, Office of the Attorney General for the State of Texas, Austin, TX, for Amicus Curiae STATE OF TEXAS, STATE OF MISSISSIPPI.

Jenny Ma , Senior Staff Attorney, Center for Reproductive Rights, U.S. Litigation, New York, NY, Shannon Rose Selden, Esq. , Debevoise & Plimpton, L.L.P., New York, NY, Charles M. Samuel, III , Rittenberg, Samuel & Phillips, L.L.C., New Orleans, LA, for Respondents.

Before OWEN, Chief Judge, and WILLETT and OLDHAM, Circuit Judges.

This is an extraordinary case. An abortion clinic and two of its doctors seek a federal injunction against virtually all of Louisiana's legal framework for regulating abortion. As part of this effort, Plaintiffs challenge legal provisions that do not injure them now and could not ever injure them. The district court, however, concluded it would...

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