EMW WOMEN'S SURGICAL CENTER, P.S.C. v. FRIEDLANDER

No. 19-5516.

960 F.3d 785 (2020)

EMW WOMEN'S SURGICAL CENTER, P.S.C., on behalf of itself, its staff, and its patients; Ashlee Bergin, M.D., M.P.H. and Tanya Franklin, M.D., M.S.P.H., on behalf of themselves and their patients, Plaintiffs-Appellees, v. Eric FRIEDLANDER, in his official capacity as Acting Secretary of Kentucky's Cabinet for Health and Family Services, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 2, 2020.


Attorney(s) appearing for the Case

ARGUED: Matthew F. Kuhn , OFFICE OF THE GOVERNOR, Frankfort, Kentucky, for Appellant. Andrew D. Beck , AMERICAN CIVIL LIBERTIES UNION OF NEW YORK, New York, New York, for Appellees. ON BRIEF: Matthew F. Kuhn , M. Stephen Pitt , S. Chad Meredith , Brett R. Nolan , OFFICE OF THE GOVERNOR, Frankfort, Kentucky, for Appellant. Andrew D. Beck , Alexa Kolbi-Molinas , Meagan M. Burrow , Elizabeth Watson , AMERICAN CIVIL LIBERTIES UNION OF NEW YORK, New York, New York, Amy D. Cubbage , ACKERSON & YANN, Louisville, Kentucky, Heather Lynn Gatnarek , AMERICAN CIVIL LIBERTIES UNION OF KENTUCKY, Louisville, Kentucky, for Appellees. Benjamin M. Flowers , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, Ester Murdukhayeva , OFFICE OF THE NEW YORK ATTORNEY GENERAL, New York, New York, Alexandria Preece , MORRISON & FOERSTER LLP, San Diego, California, Roxann E. Henry , MORRISON & FOERSTER LLP, Washington, D.C., Kimberly A. Parker , WILMER CUTLER PICKERING HALE AND DORR LLP, Washington, D.C., for Amici Curiae.

Before: MERRITT, CLAY, and BUSH, Circuit Judges.


OPINION

This case asks whether a state can require patients to undergo a procedure to end potential fetal life before they may receive an abortion performed through the method most common in the second trimester of pregnancy—dilation and evacuation. Kentucky House Bill 454 does just that. Plaintiffs, Kentucky...

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