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MEMPHIS CENTER FOR REPRODUCTIVE HEALTH v. SLATERY

No. 20-5969.

24 F.4th 1069 (2022)

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., Melanie Blake, M.D.; Amy P. Weirich; Glenn R. Funk; Charme P. Allen; Jason Lawson, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 2, 2022.

Attorney(s) appearing for the Case

ON MOTION AND REPLY: 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.

The En Banc Court of the Sixth Circuit Court of Appeals issued an order. MOORE, J. (pp. 1070-72), delivered a separate opinion dissenting from the order partially granting a stay of the district court's injunction, in which DAUGHTREY, COLE, CLAY, WHITE, and STRANCH, JJ., joined.

ORDER

On Renewed Motion for Partial Stay of Preliminary Injunction.

UPON CONSIDERATION of defendants' renewed motion for partial stay of preliminary injunction pending appeal,

AND FURTHER CONSIDERING plaintiffs' response in opposition and defendants' reply,

IT IS ORDERED that the motion be, and it hereby is, GRANTED.

DISSENT

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