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