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IN RE RUTLEDGE

No. 20-1791.

956 F.3d 1018 (2020)

IN RE: Leslie RUTLEDGE, in her official capacity as Attorney General of the State of Arkansas; Larry Jegley, in his official capacity as Prosecuting Attorney of Pulaski County; Matt Durrett, in his official capacity as Prosecuting Attorney of Washington County; Sylvia D. Simon, M.D., in her official capacity as Chairman of Arkansas State Medical Board; Robert Breving, M.D., in his official capacity as member of the Arkansas State Medical Board; Veryl D. Hodges, D.O., in his official capacity as member of the Arkansas State Medical Board; John H. Scribner, M.D., in his official capacity as member of the Arkansas State Medical Board; Omar Atiq, M.D., in his official capacity as member of the Arkansas State Medical Board; Rhys L. Branman, M.D., in his official capacity as member of the Arkansas State Medical Board; Rodney Griffin, M.D., in his official capacity as member of the Arkansas State Medical Board; Marie Holder, in her official capacity as member of the Arkansas State Medical Board; Brian T. Hyatt, M.D., in his official capacity as member of the Arkansas State Medical Board; Larry D. Lovell, "Buddy" in his official capacity as member of the Arkansas State Medical Board; Timothy C. Paden, M.D., in his official capacity as member of the Arkansas State Medical Board; Don R. Phillips, M.D., in his official capacity as member of the Arkansas State Medical Board; William L. Rutledge, M.D., in his official capacity as member of the Arkansas State Medical Board; David L. Staggs, M.D., in his official capacity as member of the Arkansas State Medical Board; Nathan Smith, M.D., M.P.H., in his official capacity as Director and State Health Officer of the Arkansas Department of Health, Petitioners American Academy of Family Physicians, Amicus Curiae State of Alabama, Amicus on Behalf of Petitioner American Academy of Nursing, Amicus Curiae State of Alaska, Amicus on Behalf of Petitioner American Academy of Pediatrics, Amicus Curiae State of Idaho, Amicus on Behalf of Petitioner American College of Osteopathic Obstetricians and Gynecologists, Amicus Curiae State of Indiana, Amicus on Behalf of Petitioner American Psychiatric Association, Amicus Curiae State of Kentucky, Amicus on Behalf of Petitioner American Society for Reproductive Medicine, Amicus Curiae State of Louisiana, Amicus on Behalf of Petitioner North American Society for Pediatric and Adolescent Gynecology, Amicus Curiae State of Mississippi, Amicus on Behalf of Petitioner National Association of Nurse Practitioners in Women's Health, Amicus Curiae State of Missouri, Amicus on Behalf of Petitioner Society of Family Planning, Amicus Curiae State of Montana, Amicus on Behalf of Petitioner Society of Gynecologic Surgeons, Amicus Curiae State of Nebraska, Amicus on Behalf of Petitioner Society of OB/GYN Hospitalists, Amicus Curiae State of Oklahoma; State of Ohio; State of South Dakota; State of South Carolina; State of Tennessee; State of Texas; State of Utah; State of West Virginia; American Center for Law and Justice, Amici on Behalf of Petitioner.

United States Court of Appeals, Eighth Circuit.

Filed: April 22, 2020.

Attorney(s) appearing for the Case

Counsel who represented the appellant was Nicholas Jacob Bronni , AAG, of Little Rock, AR, Michael A. Cantrell , AAG, of Little Rock, AR, Dylan L. Jacobs , AAG, of Little Rock, AR, Vincent M. Wagner , AAG, of Little Rock, AR.

The following attorney(s) appeared on the amicus brief of 18 States in support of petitioner: Brett D. Watson of Searcy, AR; J. Scott St. John , Deputy Solicitor General, Louisiana DOJ, Baton Route, LA.

The following attorneys appeared on the amicus brief in support of petitioners filed by The American Center for Law and Justice in support of petitioners; Jay Alan Sekulow , Stuart J. Roth , Jordan Sekulow , Benjamin P. Sisney , Olivia F. Summers and Christian A. Stierhoff all of Washington, DC; and Edward L. White III , and Erik M. Zimmerman of Ann Arbor, MI.

The following attorneys appeared on the amicus brief in opposition filed by the State of New York and 18 other states; Barbara D. Underwood , Anisha S. Dasgupta , Laura Etlinger , Blair J. Greenwald and Letitia James of New York, NY.

The following attorneys appeared on the amicus brief filed by the American College of Obstetricians and Gynecologists, et al., in opposition to the petition: Cleland B. Welson II of Ciudad de Mexico; Kathleen S. Messinger of Los Angeles, CA; Nicole A. Saharsky of Washington, DC and Skye L. Perryman of Washington, DC.

The judge who heard the case in the district court was Honorable Kristine G. Baker. The judgment of the district court was entered on April 15, 2020.

Before LOKEN, SHEPHERD, and ERICKSON, Circuit Judges.

The State of Arkansas1 petitions for a writ of mandamus after the district court entered a temporary restraining order (TRO) enjoining it from enforcing a health directive against a provider of surgical abortions. Having jurisdiction under 28 U.S.C. § 1651(a), we grant the writ of mandamus...

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