Opinion

Preterm-Cleveland v. Lance Himes

  • 944 F.3d 630
Court
Court of Appeals for the Sixth Circuit
Filed
Dec 13, 2019
Status
Published
Cited by
5 cases
Authority
More cited than 61.1%

granting rehearing en banc to address constitutionality of an Ohio law that criminalizes abortion if the provider knows the woman is seeking an abortion because there are indications the child might have Down Syndrome

How later courts described this case

  • granting rehearing en banc to address constitutionality of an Ohio law that criminalizes abortion if the provider knows the woman is seeking an abortion because there are indications the child might have Down Syndrome

Written by the judges who cited it.

The opinion

RECOMMENDED FOR FULL-TEXT PUBLICATION

Pursuant to Sixth Circuit I.O.P. 32.1(b)

File Name: 19a0295p.06

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

PRETERM-CLEVELAND; PLANNED PARENTHOOD ┐

SOUTHWEST OHIO REGION; WOMEN’S MED GROUP │

PROFESSIONAL CORPORATION; ROSLYN KADE, M.D.; │

PLANNED PARENTHOOD OF GREATER OHIO, │

Plaintiffs-Appellees, │

> No. 18-3329

│

v. │

│

│

LANCE HIMES, Director, Ohio Department of Health; │

KIM G. ROTHERMEL, Secretary, State Medical Board │

of Ohio; BRUCE R. SAFERIN, Supervising Member, │

State Medical Board of Ohio, │

Defendants-Appellants. │

┘

Appeal from the United States District Court

for the Southern District of Ohio at Cincinnati.

No. 1:18-cv-00109—Timothy S. Black, District Judge.

Decided and Filed: December 13, 2019

Before: COLE; Chief Judge; BATCHELDER, MOORE, CLAY, GIBBONS,

SUTTON, GRIFFIN, KETHLEDGE, WHITE, STRANCH, DONALD,

THAPAR, BUSH, LARSEN, NALBANDIAN, and READLER, Circuit Judges.*

_________________

ORDER

_________________

A majority of the Judges of this Court in regular active service has voted for rehearing en

banc of this case. Sixth Circuit rule 35(b) provides as follows:

*

Judges Griffin, White, Larsen, and Murphy recused themselves from participation in this case.

No. 18-3329 Preterm-Cleveland v. Himes Page 2

The effect of the granting of a hearing en banc shall be to vacate the previous

opinion and judgment of this court, to stay the mandate and to restore the case on

the docket sheet as a pending appeal.

Accordingly, it is ORDERED, that the previous decision and judgment of this court are

vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.

The Clerk will direct the parties to file supplemental briefs and will schedule this case for

oral argument.

ENTERED BY ORDER OF THE COURT

___________________________________

Deborah S. Hunt, Clerk

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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