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

No. 20-6267.

7 F.4th 478 (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: August 5, 2021.


Attorney(s) appearing for the Case

ARGUED EN BANC: Sarah K. Campbell , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellants. Autumn Katz , CENTER FOR REPRODUCTIVE RIGHTS, New York, New York, for Appellees. ON BRIEF AND SUPPLEMENTAL BRIEF: Sarah K. Campbell , Mark Alexander Carver , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellants. 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. ON AMICUS BRIEF: Elizabeth B. Murrill , OFFICE OF THE LOUISIANA ATTORNEY GENERAL, Baton Rouge, Louisiana, Kevin H. Theriot , ALLIANCE DEFENDING FREEDOM, Scottsdale, Arizona, Matthew F. Kuhn , OFFICE OF THE KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky, Sarah A. Hunger , OFFICE OF THE ILLINOIS ATTORNEY GENERAL, Chicago, Illinois, Jessica L. Ellsworth , HOGAN LOVELLS US LLP, Washington, D.C., Kimberly A. Parker , WILMER CUTLER PICKERING HALE AND DORR LLP, Washington, D.C., Andrew M. Leblanc , MILBANK LLP, Washington, D.C., Michael L. Rosenthal , COVINGTON & BURLING LLP, Washington, D.C., Sarah Mac Dougall , COVINGTON & BURLING LLP, New York, New York, Jonathan F. Mitchell , MITCHELL LAW PLLC, Austin, Texas for Amici Curiae.

THAPAR, J., delivered the opinion of the court in which SUTTON, C.J., GRIFFIN, KETHLEDGE, BUSH, LARSEN, NALBANDIAN, READLER, and MURPHY, JJ., joined. BUSH, J. (pp. 489-91), delivered a separate concurring opinion in which GRIFFIN, J., joined. MOORE, J. (pp. 491-520), delivered a separate dissenting opinion in which COLE, CLAY, GIBBONS, WHITE, STRANCH, and DONALD, JJ., joined. GIBBONS, J. (pg. 520), delivered a separate dissenting opinion.


OPINION

Before making life's big decisions, it is often wise to take time to reflect. The people of Tennessee believed that having an abortion was one of those decisions. So they passed a law requiring a waiting period of 48 hours. Although the Supreme Court upheld a similar 24-hour waiting period in Planned Parenthood...

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