WHOLE WOMAN'S HEALTH; Brookside Women's Medical Center, P.A., doing business as Brookside Women's Health Center and Austin Women's Health Center; Lendol L. Davis, M.D.; Alamo City Surgery Center, P.L.L.C., doing business as Alamo Women's Reproductive Services; Whole Woman's Health Alliance; Dr. Bhavik Kumar, Plaintiffs-Appellees,
v.
Cecile Erwin YOUNG, Executive Commissioner of the Texas Health and Human Services Commission, in her Official Capacity, Defendant-Appellant.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
Filed June 28, 2022.
Filed June 28, 2022.
Attorney(s) appearing for the Case
Molly Rose Duane , Autumn Chandra Katz , Senior Counsel, Center for Reproductive Rights, U.S. Legal Program, New York, NY, Joseph Alexander Lawrence, Esq. , Morrison & Foerster, L.L.P., New York, NY, Caroline Marie Sacerdote , Center for Reproductive Rights, U.S. Litigation, New York, NY, Rupali Sharma , Lawyering Project, South Portland, ME, Stephanie Toti, Esq. , Staff Attorney, Lawyering Project, Brooklyn, NY, for Plaintiffs-Appellees Whole Woman's Health, Brookside Women's Medical Center, P.A., Lendol L. Davis, M.D., Alamo City Surgery Center, P.L.L.C., and Dr. Bhavik Kumar.
Beth Ellen Klusmann, Esq. , Office of the Attorney General for the State of Texas, Austin, TX, Darren McCarty , McCarty Law, P.L.L.C., Austin, TX, for Defendant-Appellant Cecile Erwin Young.
Stuart Sarnoff , O'Melveny & Myers, L.L.P., New York, NY, for Amicus Curiae Biomedical Ethicists.
Susan J. Kohlmann , Jenner & Block, L.L.P., New York, NY, for Amici Curiae American College of Obstetricians and Gynecologists, American Public Health Association, and American Medical Association.
Saul B. Shapiro , Jane Metcalf , Patterson, Belknap, Webb & Tyler, L.L.P., New York, NY, for Amici Curiae Catholics for Choice, Central Conference of American Rabbis, General Synod of the United Church of Christ, Just Texas: Faith Voices for Reproductive Justice, Muslims for Progressive Values, Religious Coalition for Reproductive Choice, Religious Institute, Union for Reform Judaism, Unitarian Universalist Association, and Women of Reform Judaism.
Elaine Goldenberg , Munger, Tolles & Olson, L.L.P., Washington, DC, for Amici Curiae Walter Dellinger, Michael C. Dorf, Daniel Farber, Joanna Grossman, Leah Litman, Suzanna Sherry, Geoffrey R. Stone, and Mary Ziegler.
Before Barksdale, Stewart, and Costa, Circuit Judges.
Per Curiam:
The district court enjoined Texas laws regulating the disposal of embryonic and fetal tissue remains. The state requires facilities performing abortions to dispose of these remains in one of four ways: "(1) interment"; (2) cremation; (3) incineration followed by interment; or (4) steam disinfection followed by interment. TEX. HEALTH & SAFETY...
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