LITTLE ROCK FAMILY PLANNING SERVICES v. RUTLEDGE

No. 19-2690.

984 F.3d 682 (2021)

LITTLE ROCK FAMILY PLANNING SERVICES, et al., Plaintiffs-Appellees v. Leslie RUTLEDGE, in her official capacity as Attorney General of the State of Arkansas, et al., Defendants-Appellants Justin Buckley Dyer, Ph. D.; State of Missouri; State of Alabama; State of Alaska; State of Georgia; State of Idaho; State of Indiana; Commonwealth of Kentucky; State of Louisiana; State of Nebraska; State of Ohio; State of Oklahoma; State of South Carolina; State of South Dakota; State of Tennessee; State of Texas; State of Utah; State of West Virginia, Amici on Behalf of Appellants Society for Maternal-Fetal Medicine; American College of Obstetricians and Gynecologists; Constitutional Law Scholars; State of California; State of Colorado; State of Connecticut; State of Delaware; State of Hawaii; State of Illinois; State of Maine; State of Maryland; State of Massachusetts; State of Minnesota; State of Nevada; State of New Mexico; State of New York; State of Oregon; State of Pennsylvania; State of Rhode Island; State of Vermont; State of Virginia; State of Washington; District of Columbia; Reproductive Justice Organizations, Amici on Behalf of Appellees

United States Court of Appeals, Eighth Circuit.

Filed: January 5, 2021.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants and appeared on the brief was Vincent M. Wagner , AAG, of Little Rock, AR. The following attorney(s) also appeared on the appellants' brief; Nicholas Jacob Bronni , AAG, of Little Rock, AR, Michael A. Cantrell , AAG, of Little Rock, AR, Dylan L. Jacobs , AAG, of Little Rock, AR.

Counsel who presented argument on behalf of the appellees and appeared on the brief was Kendall Turner , of Washington, DC. The following attorney(s) also appeared on the appellees' brief; Kelly M. Scavone , of New York, NY, Leah Godesky , of New York, NY, Taylor Simeone , of Beverly Hills, CA, Meagan Burrows , of New York, NY, Susan Talcott Camp , of New York, NY, Rebecca Rhodes Jackson , of Little Rock, AR, Bettina Brownstein , of Little Rock, AR, Maithreyi Ratakonda , of New York, NY.

The following attorney(s) appeared on the amicus brief of Justin Buckley Dyer, Ph.D. on behalf of appellants; Kevin Theriot , of Scottsdale, AZ.

The following attorney(s) appeared on the amicus brief of the State of Missouri and 16 Other States on behalf of appellants; Dean John Sauer , AAG, of Jefferson City, MO, Julie Marie Blake , former AAG, formerly of Jefferson City, MO.

The following attorney(s) appeared on the amicus brief of the Society for Maternal-Fetal Medicine and American College of Obstetricians and Gynecologists on behalf of appellees; Roxann E. Henry , of Bethesda, MD, Alexandra Preece , of San Diego, CA.

The following attorney(s) appeared on the amicus brief of Constitutional Law Scholars on behalf of appellees; Devi Rao , of Washington, DC, Tassity Johnson , of Washington, DC.

The following attorney(s) appeared on the amicus brief of the States of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia on behalf of appellees; Karli Eisenberg , AAG, of Sacramento, CA.

The following attorney(s) appeared on the amicus brief of Reproductive Justice Organizations on behalf of appellees; Orin Snyder , of New York, NY, Katherine Marquart , of New York, NY, Joshua S. Lipshutz , of Washington, D.C., Greta B. Williams , of Washington, D.C.

Before LOKEN, SHEPHERD, and ERICKSON, Circuit Judges.


Little Rock Family Planning Services and Dr. Thomas Tvedten (collectively, "LRFP") brought this 42 U.S.C. § 1983 action challenging the constitutionality of three Arkansas statutes enacted in 2019 that relate to abortions: (1) Act 493, codified at Ark. Code Ann. § 20-16-2004, bans providers from performing an abortion...

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