PRETERM-CLEVELAND; Planned Parenthood Southwest Ohio Region; Women's Med Group Professional Corporation; Roslyn Kade, M.D.; Planned Parenthood of Greater Ohio, Plaintiffs-Appellees,
v.
Stephanie McCloud, Director, Ohio Department of Health; Kim G. Rothermel, Secretary, State Medical Board of Ohio; Bruce R. Saferin, Supervising Member, State Medical Board of Ohio, Defendants-Appellants.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
BATCHELDER, J., delivered the opinion of the court comprising Parts I-IV, V-A, V-C, and VII, in which SUTTON, GRIFFIN, KETHLEDGE, THAPAR, BUSH, LARSEN, NALBANDIAN, and READLER, JJ., joined, delivered a lead opinion comprising Parts V-B, V-D, and VI in which SUTTON, GRIFFIN, THAPAR, BUSH, and READLER, JJ., joined, and announced the judgment of the court. SUTTON, J. (pp. 535-38), GRIFFIN, J. (pp. 538-40), and BUSH, J. (pp. 540-50), delivered separate concurring opinions. KETHLEDGE, J. (pg. 550), in which LARSEN and NALBANDIAN, JJ., joined, delivered a separate opinion concurring in the opinion of the court and in the judgment. COLE, C.J. (pp. 550-51), in which MOORE, CLAY, GIBBONS, WHITE, STRANCH, and DONALD, JJ., joined, MOORE, J. (pp. 551-63), in which COLE, C.J., CLAY, STRANCH, WHITE, and DONALD, JJ., joined, CLAY, J. (pp. 563-68), in which COLE, C.J., MOORE, GIBBONS, WHITE, STRANCH, and DONALD, JJ., joined, GIBBONS, J. (pp. 568-69), in which COLE, C.J., MOORE, CLAY, WHITE, STRANCH, and DONALD, JJ., joined, WHITE, J. (pg. 569), in which COLE, C.J., and STRANCH, J., joined, and DONALD, J. (pp. 569-91), in which COLE, C.J., MOORE, CLAY, GIBBONS, WHITE, and STRANCH, JJ., joined, delivered separate dissenting opinions.
OPINION
ALICE M. BATCHELDER, Circuit Judge.
This is an appeal from a district court order granting a preliminary injunction based on the plaintiffs' claim that an Ohio law, referred to herein as H.B. 214, is facially unconstitutional and, therefore, unenforceable in any respect. Because we conclude that the plaintiffs have failed to demonstrate...
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