# Preterm-Cleveland v. Lance Himes

> Court of Appeals for the Sixth Circuit · December 13, 2019 · 944 F.3d 630

URL: https://www.frixlaw.com/law-library/cases/4464320

## Case

- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** December 13, 2019
- **Citations:** 944 F.3d 630
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4464320

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4464320. Public record. Not legal advice.