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HOPKINS v. JEGLEY

No. 17-2879.

968 F.3d 912 (2020)

Frederick W. HOPKINS, M.D., M.P.H., Plaintiff-Appellee v. Larry JEGLEY, Prosecuting Attorney for Pulaski County; Steven L. Cathey, M.D., Chair of the Arkansas State Medical Board; Robert Breving, Jr., M.D. officer and member of the Arkansas State Medical Board, and successors in office, in his official capacity; Bob Cogburn, M.D., officer and member of the Arkansas State Medical Board, and successors in office, in his official capacity; William F. Dudding, M.D., officer and member of the Arkansas State Medical Board, and successors in office, in his official capacity; Omar Atiq, M.D., officer and member of the Arkansas State Medical Board, and successors in office, in his official capacity; Veryl D. Hodges, D.O., officer and member of the Arkansas State Medical Board, and successors in office, in his official capacity; Marie Holder, officer and member of the Arkansas State Medical Board, and successors in office, in her official capacity; Larry D. Lovell, officer and member of the Arkansas State Medical Board, and successors in office, in his official capacity; William L. Rutledge, M.D., officer and member of the Arkansas State Medical Board, and successors in office, in his official capacity; John H. Scribner, M.D., officer and member of the Arkansas State Medical Board, and successors in office, in his official capacity; Sylvia D. Simon, M.D., officer and member of the Arkansas State Medical Board, and successors in office, in her official capacity; David L. Staggs, M.D., officer and member of the Arkansas State Medical Board, and successors in office, in his official capacity; John B. Weiss, M.D., officer and member of the Arkansas State Medical Board, and successors in office, in his official capacity, Defendants-Appellants Eagle Forum Education & Legal Defense Fund, Amicus on Behalf of Appellant(s) National Association of Social Workers; Arkansas Abortion Support Network; Pennsylvania Coalition Against Rape; Margaret Drew; State of New York; State of California; State of Connecticut; State of Delaware; State of Hawaii; State of Illinois; State of Iowa; State of Maine; State of Maryland; State of Massachusetts; State of Oregon; State of Pennsylvania; State of Vermont; State of Virginia; State of Washington; District of Columbia; American College of Obstetricians and Gynecologists; Biomedical Ethicists; Constitutional Law Scholars, Amici on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Resubmitted: July 9, 2020.

Filed: August 7, 2020.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Nicholas Jacob Bronni , AAG, of Little Rock, AR. The following attorney appeared on the appellant brief; Michael A. Cantrell , AAG, of Little Rock, AR.

Counsel who presented argument on behalf of the appellee was Susan Talcott Camp , of New York, NY. The following attorney(s) appeared on the appellee brief; Bettina E. Brownstein , of Little Rock, AR., Ruth E. Harlow , of New York, NY., Elizabeth K. Watson , of New York, NY., Hillary A. Schneller , of New York, NY.

The following attorney appeared on the amicus brief of Eagle Forum Education & Legal Defense Fund was Lawrence J. Joseph , of Washington, DC.

The following attorneys appeared on the amicus brief of the American College of Obstetricians and Gynecologists; Janice M. Mac Avoy , of New York, NY., Andrew Buckley Cashmore , of New York, NY., Kira M. Whitacre , of New York, NY.

The following attorneys appeared on the amicus brief of Constitutional Law Scholars; Nicole A. Saharsky , of Washington, DC., Caitlin Joan Halligan , of New York, NY., Kirsten Galler , of Los Angeles, CA., Lauren Fischer , of Los Angeles, CA., Cory Batza , of Los Angeles, CA.

The following attorneys appeared on the amicus brief of Biomedical Ethicists; Stuart M. Sarnoff , of New York, NY., Samantha Emily Miller , of New York, NY., Marjorie B. Truwit , of New York, NY., Nathaniel Asher , of New York, NY.

The following attorney appeared on the amicus brief of the States of New York, California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Oregon, Pennsylvania, Vermont, Virginal, Washington, and the District of Columbia; Ester Murdukhayeva , ASG, of New York, NY.

The following attorneys appeared on the amicus brief of the National Association of Social Workers, Arkansas Abortion Support Network, Pennsylvania Coalition Against Rape, and Professor Margaret Drew ; Lisa Hill Fenning , of Washington, DC., Paul Rodney , of Washington, DC., Alice Ruling , of Washington, DC., Cecile Manong , of Washington, DC., Nancy Leeds Perkins , of Washington, DC., Kent A Yalowitz , of New York, NY.,

Before SMITH, Chief Judge, WOLLMAN and GRASZ, Circuit Judges.

The Pulaski County Prosecuting Attorney and officers and members of the Arkansas State Medical Board appeal the district court's grant of a preliminary injunction preventing enforcement of four state laws that regulate abortion. The 91st Arkansas General Assembly of 2017 enacted the following: (1)...

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