PLANNED PARENTHOOD SOUTH ATLANTIC v. BAKER

No. 18-2133.

941 F.3d 687 (2019)

PLANNED PARENTHOOD SOUTH ATLANTIC; Julie Edwards, on her behalf and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Joshua BAKER, in his official capacity as Director, South Carolina Department of Health and Human Services, Defendant-Appellant. Access Reproductive Care-Southeast; American Academy of Pediatrics; American College of Obstetricians and Gynecologists; American College of Physicians; American Medical Association; Center for Reproductive Rights; IPAS; In Our Own Voice: National Black Women's Reproductive Justice Agenda; National Asian Pacific American Women's Forum; National Health Law Program; National Latina Institute for Reproductive Health; Sexuality Information and Education Council of the United States; Society for Adolescent Health and Medicine; Society for Maternal Fetal Medicine; Women's Rights and Empowerment Network, Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: October 29, 2019.


Attorney(s) appearing for the Case

ARGUED: Kelly McPherson Jolley , JOLLEY LAW GROUP, LLC, Columbia, South Carolina, for Appellant. Alice Joanna Clapman , PLANNED PARENTHOOD FEDERATION OF AMERICA, Washington, D.C., for Appellees. ON BRIEF: Ariail B. Kirk , JOLLEY LAW GROUP, LLC, Columbia, South Carolina, for Appellant. M. Malissa Burnette , Kathleen McDaniel , BURNETTE, SHUTT & MCDANIEL, PA, Columbia, South Carolina, for Appellees. Jane Liu , Mariah Lindsay , NATIONAL ASIAN PACIFIC AMERICAN WOMEN'S FORUM, Washington, D.C.; Julie Rikelman , Pilar Herrero , Amy Myrick , Carolina Van Der Mensbrugghe , CENTER FOR REPRODUCTIVE RIGHTS, New York, New York, for Amici Access Reproductive Care-Southeast, Center for Reproductive Rights, In Our Own Voice: National Black Women's Reproductive Justice Agenda, National Asian Pacific American Women's Forum, National Latina Institute for Reproductive Health, and Women's Rights and Empowerment Network. Janice M. Mac Avoy , Andrew B. Cashmore , Alexandra Verdi , FRIED, FRANK, HARRIS, SHRIVER & JACOBSON LLP, New York, New York, for Amici American College of Obstetricians and Gynecologists, American Medical Association, Society for Maternal Fetal Medicine, American Academy of Pediatrics, American College of Physicians, and Society for Adolescent Health and Medicine. Martha Jane Perkins , Sarah Jane Somers , NATIONAL HEALTH LAW PROGRAM, Carrboro, North Carolina, for Amici National Health Law Program, IPAS, and Sexuality Information and Education Council of the United States.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Wynn and Judge Richardson joined. Judge Richardson wrote a concurring opinion.


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