PLANNED PARENTHOOD SOUTH ATLANTIC; Julie Edwards, on her behalf and on behalf of all others similarly situated, Plaintiffs-Appellees,
v.
Robert M. KERR, in his official capacity as Director, South Carolina Department of Health and Human Services, Defendant-Appellant.
Reproductive Rights and Justice Organizations and Allied Organizations; National Health Law Program; South Carolina Appleseed Legal Justice Center; Virginia Poverty Law Center; North Carolina Justice Center; Charlotte Center for Legal Advocacy; IPAS; Sexuality Information and Education Council of the United States; American Academy of Family Physicians; American Academy of Pediatrics; American College of Nurse-Midwives; American College of Obstetricians and Gynecologists; American College of Physicians; American Medical Association; American Psychiatric Association; Nurse Practitioners in Womens Health; Society for Maternal-Fetal Medicine; Society of Gynecologic Oncology; Society of OB/GYN Hospitalists, Amici Supporting Appellee.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: January 26, 2022.
Decided: March 8, 2022.
Attorney(s) appearing for the Case
ARGUED: John J. Bursch , ALLIANCE DEFENDING FREEDOM, Washington, D.C., for Appellant. Nicole A. Saharsky , MAYER BROWN, LLP, Washington, D.C., for Appellees. ON BRIEF: Kelly M. Jolley , Ariail B. Kirk , JOLLEY LAW GROUP, LLC, Columbia, South Carolina, for Appellant. Avi M. Kupfer , MAYER BROWN LLP, Chicago, Illinois; Alice Clapman , PLANNED PARENTHOOD FEDERATION OF AMERICA, Washington, D.C.; M. Malissa Burnette , Kathleen McDaniel, BURNETTE, SHUTT & MCDANIEL, PA, Columbia, South Carolina, for Appellees. Julie Rikelman , Pilar Herrero , Joel Dodge , CENTER FOR REPRODUCTIVE RIGHTS, New York, New York; Da Hae Kim , NATIONAL ASIAN PACIFIC AMERICAN WOMEN'S FORUM, Washington, D.C., for Amici Reproductive Rights and Justice Organizations and Allied Organizations. Martha Jane Perkins , Catherine McKee , Sarah Jane Somers , Sarah Grusin , NATIONAL HEALTH LAW PROGRAM, Chapel Hill, North Carolina, for Amici The National Health Law Program, South Carolina Appleseed Legal Justice Center, Virginia Poverty Law Center, North Carolina Justice Center, Charlotte Center for Legal Advocacy, IPAS, and Sexuality Information and Education Council of the United States. Janice M. Mac Avoy , Alexis R. Casamassima , Danielle M. Stefanucci , FRIED, FRANK, HARRIS, SHRIVER & JACOBSON LLP, New York, New York, for Amici American Academy of Family Physicians, American Academy of Pediatrics, American College of Nurse-Midwives, American College of Obstetricians and Gynecologists, American College of Physicians, American Medical Association, American Psychiatric Association, Nurse Practitioners in Women's Health, Society for Maternal-Fetal Medicine, Society of Gynecologic Oncology, and Society of OB/GYN Hospitalists.
Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Wynn joined. Judge Richardson wrote an opinion concurring in the judgment.
WILKINSON, Circuit Judge:
This case arises out of South Carolina's termination of Planned Parenthood South Atlantic's Medicaid provider agreement, an action that South Carolina took because Planned Parenthood offers abortion services. But this case is not about abortion. It is about Congress's desire that Medicaid recipients have their choice of...
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