MEMPHIS CENTER FOR REPRODUCTIVE HEALTH v. SLATERY

No. 20-5969.

18 F.4th 550 (2021)

MEMPHIS CENTER FOR REPRODUCTIVE HEALTH; Planned Parenthood of Tennessee and North Mississippi; Knoxville Center for Reproductive Health; FemHealth USA, Inc., d/b/a carafem; Dr. Kimberly Looney; Dr. Nikki Zite, Plaintiffs-Appellees, v. Herbert H. SLATERY, III; Lisa Piercey, M.D.; Rene Saunders, M.D., W. Reeves Johnson, Jr., M.D.; Amy P. Weirich; Glenn R. Funk; Charme P. Allen; Tom P. Thompson, Jr., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 1, 2021.


Attorney(s) appearing for the Case

ON PETITION FOR REHEARING EN BANC: Sarah K. Campbell , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellants. ON RESPONSE: Jessica Sklarsky , Rabia Muqaddam , Jen Samantha D. Rasay , CENTER FOR REPRODUCTIVE RIGHTS, New York, New York, Thomas H. Castelli , AMERICAN CIVIL LIBERTIES UNION, Nashville, Tennessee, Susan Lambiase , PLANNED PARENTHOOD FEDERATION OF AMERICA, New York, New York, Brigitte Amiri , AMERICAN CIVIL LIBERTIES UNION FOUNDATION, New York, New York, for Appellees. ON AMICUS BRIEF: Benjamin M. Flowers , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, S. Chad Meredith , OFFICE OF THE KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky, Edward L. White III , AMERICAN CENTER FOR LAW & JUSTICE, Ann Arbor, Michigan, for Amici Curiae.

Before: SUTTON, Chief Judge; MOORE, COLE, CLAY, GIBBONS, GRIFFIN, KETHLEDGE, WHITE, STRANCH, DONALD, THAPAR, BUSH, LARSEN, NALBANDIAN, READLER, and MURPHY, Circuit Judges.


ORDER

On Petition for Rehearing En Banc.

A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Sixth Circuit rule 35(b) provides as follows:

The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal.

Accordingly, it is ORDERED, that the previous...

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