FEMHEALTH USA, INC. v. WILLIAMS

No. 22-5915.

83 F.4th 551 (2023)

FEMHEALTH USA, INC., dba carafem, Plaintiff-Appellee, v. Rickey Nelson WILLIAMS, Jr. et al., Defendants, Operation Save America; Jason Storms; Matthew Brock; Coleman Boyd; Frank Linam; Brent Buckley, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 29, 2023.


Attorney(s) appearing for the Case

ARGUED: Stephen M. Crampton , THOMAS MORE SOCIETY, Tupelo, Mississippi, for Appellants. Briana T. Sprick Schuster , BASS, BERRY & SIMS PLC, Nashville, Tennessee, for Appellee. ON BRIEF: Stephen M. Crampton , THOMAS MORE SOCIETY, Tupelo, Mississippi, Larry L. Crain , CRAIN LAW GROUP, PLLC, Brentwood, Tennessee, for Appellants. Briana T. Sprick Schuster , Sarah B. Miller , Angela L. Bergman , Allison Wiseman Aker , BASS, BERRY & SIMS PLC, Nashville, Tennessee, for Appellee. Barbara A. Schwabauer , Erin H. Flynn , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Amicus Curiae.

MOORE, J., delivered the opinion of the court in which GIBBONS, J., joined. BUSH, J. (pp. 560-64), delivered a separate opinion concurring in part and dissenting in part.


OPINION

When this interlocutory appeal was initially briefed, the issue presented was whether the district court abused its discretion in granting a preliminary injunction under the Freedom of Access to Clinic Entrances Act (FACE Act), 18 U.S.C. § 248. By the time we heard oral argument, however...

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