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Stuart v. Camnitz

United States Court of Appeals, Fourth Circuit

December 22, 2014

GRETCHEN S. STUART, MD, on behalf of herself and her patients seeking abortions; JAMES R. DINGFELDER, MD, on behalf of himself and his patients seeking abortions; DAVID A. GRIMES, MD, on behalf of himself and his patients seeking abortions; AMY BRYANT, MD, on behalf of herself and her patients seeking abortions; SERINA FLOYD, MD, on behalf of herself and her patients seeking abortions; DECKER & WATSON, INC., d/b/a Piedmont Carolina Medical Clinic; PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA; A WOMAN'S CHOICE OF RALEIGH, INC.; PLANNED PARENTHOOD HEALTH SYSTEMS, INC.; TAKEY CRIST, on behalf of himself and his patients seeking abortions; TAKEY CRIST, M.D., P.A., d/b/a Crist Clinic for Women, Plaintiffs - Appellees,
v.
PAUL S. CAMNITZ, MD, in his official capacity as President of the North Carolina Medical Board and his employees, agents and successors; ROY COOPER, in his official capacity as Attorney General of North Carolina and his employees, agents and successors; ALDONA ZOFIA WOS, in her official capacity as Secretary of the North Carolina Department of Health and Human Services and her employees, agents and successors; JIM WOODALL, in his official capacity as District Attorney (" DA" ) for Prosecutorial District (" PD" ) 15B and his employees, agents and successors; LEON STANBACK, in his official capacity as DA for PD 14 and his employees, agents and successors; DISTRICT ATTORNEY DOUGLAS HENDERSON, in his official capacity as DA for PD 18 and his employees, agents and successors; BILLY WEST, in his official capacity as DA for PD 12 and his employees, agents and successors; C. COLON WILLOUGHBY, JR., in his official capacity as DA for PD 10 and his employees, agents and successors; BENJAMIN R. DAVID, in his official capacity as DA for PD 5 and his employees, agents and successors; ERNIE LEE, in his official capacity as DA for PD 4 and his employees, agents and successors; JIM O'NEILL, in his official capacity as DA for PD 21 and his employees, agents and successors, Defendants - Appellants, JOHN THORP, Intervenor/Defendant, FRANCIS J. BECKWITH, MJS, PhD; GERARD
v.
BRADLEY; TERESA S. COLLETT; DAVID K. DEWOLF; RICK DUNCAN; EDWARD M. GAFFNEY; STEPHEN GILLES; MICHAEL STOKES PAULSEN; RONALD J. RYCHLAK; RICHARD STITH; RUTH SAMUELSON; PAT MCELRAFT; PAT HURLEY; MARILYN AVILA; SUSAN MARTIN; CAROLYN M JUSTICE; RENA W. TURNER; MICHELE D. PRESNELL; SARAH STEVENS; JACQUELINE MICHELLE SCHAFFER; DEBRA CONRAD; MARK BRODY; CHRIS WHITMIRE; ALLEN MCNEILL; DONNY LAMBETH; GEORGE CLEVELAND; LINDA JOHNSON; DAVID CURTIS; JOYCE KRAWIEC; SHIRLEY RANDLEMEN; DAN SOUCEK; NORMAN SANDERSON; WARREN DANIEL; BUCK NEWTON; KATHY L. HARRINGTON; ANDREW BROCK, Amici Supporting Appellant, AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS; AMERICAN MEDICAL ASSOCIATION; AMERICAN PUBLIC HEALTH ASSOCIATION, Amici Supporting Appellee

Argued October 29, 2014.

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Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. (1:11-cv-00804-CCE-LPA). Catherine C. Eagles, District Judge.

ARGUED:

John Foster Maddrey, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellants.

Julie Rikelman, CENTER FOR REPRODUCTIVE RIGHTS, New York, New York, for Appellees.

ON BRIEF:

Roy Cooper, Attorney General, Gary R. Govert, Assistant Solicitor General, I. Faison Hicks, Special Deputy Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellants.

Christopher Brook, AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA LEGAL FOUNDATION, Raleigh, North Carolina; Andrew D. Beck, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, New York, New York; Jennifer Sokoler, CENTER FOR REPRODUCTIVE RIGHTS, New York, New York; Walter Dellinger, Anton Metlitsky, Leah Godesky, O'MELVENY & MYERS LLP, Washington, D.C.; Diana O. Salgado, New York, New York, Helene T. Krasnoff, PLANNED PARENTHOOD FED. OF AMERICA, Washington, D.C., for Appellees.

Anna R. Franzonello, Mailee R. Smith, William L. Saunders, Denise M. Burke, AMERICANS UNITED FOR LIFE, Washington, D.C., for Amici Francis J. Beckwith, MJS, PhD, Gerard V. Bradley, Teresa S. Collett, David K. Dewolf, Rick Duncan, Edward M. Gaffney, Stephen Gilles, Michael Stokes Paulsen, Ronald J. Rychlak, and Richard Stith.

Scott W. Gaylord, Jennings Professor, Thomas J. Molony, Associate Professor of Law, ELON UNIVERSITY SCHOOL OF LAW, Greensboro, North Carolina, for Amici Ruth Samuelson, Pat McElraft, Pat Hurley, Marilyn Avila, Susan Martin, Carolyn M. Justice, Rena W. Turner, Michele D. Presnell, Sarah Stevens, Jacqueline Michelle Schaffer, Debra Conrad, Mark Brody, Chris Whitmire, Allen McNeill, Donny Lambeth, George Cleveland, Linda Johnson, David Curtis, Joyce Krawiec, Shirley Randlemen, Dan Soucek, Norman Sanderson, Warren Daniel, Buck Newton, Kathy L. Harrington, and Andrew Brock.

Kimberly A. Parker, Alathea E. Porter, Thaila K. Sundaresan, Tiffany E. Payne, WILMER CUTLER PICKERING HALE AND DORR LLP, Washington, D.C., for Amici American College of Obstetricians and Gynecologists and American Medical Association.

Shannon Rose Selden, Courtney M. Dankworth, DEBEVOISE & PLIMPTON LLP, New York, New York, for Amicus American Public Health Association.

Before TRAXLER, Chief Judge, and WILKINSON and DUNCAN, Circuit Judges. Judge Wilkinson wrote the opinion, in which Chief Judge Traxler and Judge Duncan joined.

OPINION


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