BRISTOL REGIONAL WOMEN'S CENTER, P.C. v. SLATERY

No. 20-6267.

994 F.3d 774 (2021)

BRISTOL REGIONAL WOMEN'S CENTER, P.C.; Memphis Center for Reproductive Health, on behalf of itself and its patients, Knoxville Center for Reproductive Health; Planned Parenthood of Tennessee and North Mississippi, formerly known as Planned Parenthood of Middle and East Tennessee, and Dr. Kimberly Looney, Plaintiffs-Appellees, v. Herbert H. SLATERY, III, Attorney General of Tennessee, Glenn R. Funk, District Attorney General of Nashville, Tennessee, Amy P. Weirich, District Attorney General of Shelby County, Tennessee, Barry P. Staubus, District Attorney General of Sullivan County, Tennessee, Charme P. Allen, Lisa Piercey, Commissioner of the Tennessee Department of Health, and W. Reeves Johnson, Jr., M.D., President of the Tennessee Board of Medical Examiners, in their official capacities, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 23, 2021.


Attorney(s) appearing for the Case

ON MOTIONS AND REPLY: Sarah K. Campbell , Mark Alexander Carver , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellants. ON RESPONSE: Autumn Katz , Michelle Moriarty , Rabia Muqaddam , CENTER FOR REPRODUCTIVE RIGHTS, New York, New York, Maithreyi Ratakonda , PLANNED PARENTHOOD FEDERATION OF AMERICA, New York, New York, Scott Tift , BARRETT JOHNSTON MARTIN & GARRISON, LLC, Nashville, Tennessee, Michael J. Dell , Jason M. Moff , KRAMER LEVIN NAFTALIS & FRANKEL LLP, New York, New York for Appellees.

The En Banc Court of the Sixth Circuit Court of Appeals issued an order. MOORE, J. (pg. 775), in which CLAY, WHITE, STRANCH, and DONALD, JJ., joined, and GIBBONS, J. (pp. 775-77), delivered separate dissenting opinions.


ORDER

Appellants have filed a motion to stay the district court's judgment and injunction pending appeal. Appellants have also filed a motion for expedited consideration of the motion to stay. Appellees oppose both motions. A majority of judges of this court having voted in favor of the motions,

It is ORDERED that the motion for expedited consideration is GRANTED.

It is further ORDERED that the motion to stay the district court's judgment and injunction...

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