CORDRAY v. PLANNED PARENTHOOD CINCINNATI REGION

No. 2008-1234.

122 Ohio St.3d 361 (2009)

2009-Ohio-2972

CORDRAY, ATTORNEY GENERAL, et al. v. PLANNED PARENTHOOD CINCINNATI REGION et al.

Supreme Court of Ohio.

Decided July 1, 2009.


Attorney(s) appearing for the Case

Richard Cordray, Attorney General, Benjamin C. Mizer, Solicitor General, Stephen P. Carney and Elisabeth A. Long, Deputy Solicitors, and Anne Berry Strait and Sharon A. Jennings, Assistant Attorneys General, for petitioner.

Gerhardstein & Branch Co., L.P.A., Alphonse A. Gerhardstein, and Jennifer L. Branch; and Bieser, Greer & Landis, L.L.P., and David C. Greer, for respondents.

Planned Parenthood Federation of America, Helene T. Krasnoff, and Roger K. Evans, for respondents Planned Parenthood Southwest Ohio Region, Planned Parenthood of Central Ohio, Planned Parenthood of Northeast Ohio, Dr. Roslyn Kade, and Dr. Laszlo Sogor.

B. Jessie Hill, Case Western Reserve University School of Law, Cooperating Counsel for the ACLU of Ohio; and ACLU of Ohio Foundation, Inc., and Jeffrey M. Gamso, for respondent Preterm.

Kilpatrick Law Offices, P.C., and Joel J. Kirkpatrick; and Mailee R. Smith, Americans United for Life, for amici curiae members of the United States Congress, in support of the Ohio Attorney General.


O'DONNELL, J.

{¶ 1} The United States Court of Appeals for the Sixth Circuit has submitted the following two certified questions in accordance with Sup.Ct.Prac.R. XVIII, seeking our answer to these questions of Ohio law:

{¶ 2} "1) Does O.R.C. § 2919.123 mandate that physicians in Ohio who perform abortions...

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