Amicus Curiae Brief — Stephen Russo, Interim Secretary, Louisiana Department of Health and Hospitals, Petitioner v. June Medical Services L.L.C., et al.

Supreme Court briefJun 24, 2019

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No. 18-1460 (Vide 18-1323)

In the Supreme Court of the United States

DR. REBEKAH GEE, in her official capacity as Secretary of

Louisiana Department of Health and Hospitals,

Cross-Petitioner,

v.

JUNE MEDICAL SERVICES L.L.C., on behalf of its patients,

physicians, and staff, d/b/a HOPE MEDICAL GROUP FOR

WOMEN; JOHN DOE 1; JOHN DOE 2

ON PETITION FOR WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS FOR

THE FIFTH CIRCUIT

BRIEF AMICUS CURIAE OF AMERICANS UNITED

FOR LIFE IN SUPPORT OF CROSS-PETITIONER

CATHERINE GLENN FOSTER

RACHEL N. MORRISON

Counsel of Record

NATALIE M. HEJRAN

AMERICANS UNITED FOR LIFE

1150 Connecticut Ave NW

Suite 500

Washington, D.C. 20036

Rachel.Morrison@aul.org

(202) 741-4902

Counsel for Amicus Curiae

i

TABLE OF CONTENTS

TABLE OF AUTHORITIES ...................................... ii

INTEREST OF AMICUS CURIAE ............................ 1

SUMMARY OF ARGUMENT .................................... 2

ARGUMENT ............................................................... 3

Plaintiffs do not have a “close” relationship

with their patients and should not have

third-party standing. ............................................ 3

A. Louisiana abortion clinics—including

Plaintiff June Medical Services—have

a long history of serious health and

safety violations. ............................................ 5

B. Louisiana abortion doctors have a long

history of professional disciplinary

actions and substandard medical care. ...... 24

CONCLUSION .......................................................... 31

ii

TABLE OF AUTHORITIES

Cases

Page(s)

Choice Inc. v. Greenstein,

691 F.3d 710 (5th Cir. 2012) ............................... 4

June Medical Services v. Gee,

No. 16-444 (M.D. La. filed July 1, 2016) ............. 6

June Medical Services v. Gee,

No. 17-404 (M.D. La. filed June 27, 2017) .......... 6

June Medical Services v. Gee,

No. 18-1323 (U.S. petition for cert. filed Apr.

17, 2019) ............................................................... 6

Kowalski v. Tesmer,

543 U.S. 125 (2004).............................................. 3

Okpalobi v. Foster,

244 F.3d 405 (5th Cir. 2001) ................... 4, 25, 26

Roe v. Wade,

410 U.S. 113 (1973).............................................. 1

Singleton v. Wulff,

428 U.S. 106 (1976).......................................... 3, 5

United States v. Clinical Leasing Service, Inc., 982

F.2d 900 (5th Cir. 1992) .................................... 17

iii

Whole Woman’s Health v. Hellerstedt,

136 S. Ct. 2292 (2016).................................... 3, 18

Statutes

La. Rev. Stat. Ann. § 9:2800.12 ................................ 4

La. Rev. Stat. Ann. 44:1 et seq. ................................. 5

Other Authorities

Ams. United for Life, DEFENDING LIFE (2018 ed.) ... 1

Ams. United for Life, UNSAFE: AMERICA’S ABORTION

INDUSTRY ENDANGERS WOMEN (2018 ed.),

https://aul.org/wp-content/uploads/2018/10/AULUnsafe-2018-Final-Proof.pdf ............................... 1

Ctrs. for Medicare & Medicaid Servs., State

Operations Manual, Appendix Q—Core

Guidelines for Determining Immediate

Jeopardy

(Mar.

6,

2019),

https://www.cms.gov/Regulations-andGuidance/Guidance/Manuals/downloads/so

m107ap_q_immedjeopardy.pdf ........................... 6

Declaration of Roneal Martin, Gee v. Bossier

City Medical Suite, No. 18-00369 (E.D. Tex.

July 3, 2018) ....................................................... 18

Fed. R. Evid. 201 ..................................................... 24

In the Matter of: A. James Whitmore, III, No. 00A-021 (La. Bd. Med. Exam’rs Jan. 22, 2002) .... 27

iv

In the Matter of: A. James Whitmore, No. 92-A001 (La. Bd. Med. Exam’rs May 21, 1992) ....... 26

In the Matter of: Adrian Joseph Coleman: No.

08-I-775 (La. Bd. Med. Exam’rs Mar. 15,

2010) ................................................................... 25

In the Matter of: Ifeanyi Charles Okpalobi, No.

10-I-033 (La. Bd. Med. Exam’rs May 9, 2012)

............................................................................ 26

In the Matter of: Ifeanyi Okpalobi, No. 93-I-051X (La. Bd. Med. Exam’rs Mar. 8, 1999) ...... 25, 26

In the Matter of: Kevin Govan Work, No. 08-I774 (La. Bd. Med. Exam’rs Mar. 16, 2009) ....... 29

In the Matter of: Kevin Govan Work, No. 13-I014 (La. Bd. Med. Exam’rs Oct. 17, 2014) ........ 29

In the Matter of: Kevin Govan Work, No. 15-A009 (La. Bd. Med. Exam’rs Feb. 15, 2016)........ 29

In the Matter of: Kevin Govan Work, No. 15-A009 (La. Bd. Med. Exam’rs June 20, 2017)....... 30

In the Matter of: Kevin Govan Work, No. 19-I144 (La. Bd. Med. Exam’rs Feb. 26, 2019)........ 30

In the Matter of: Kevin Govan Work, No. 2019A-011 (La. Bd. Med. Exam’rs Apr. 15, 2019) .... 30

v

In the Matter of: Kevin Govan Work, No. 2019A-11 (La. Bd. Med. Exam’rs June 10, 2019) ..... 30

In the Matter of: Victor Brown, No. 01-I-037 (La.

Bd. Med. Exam’rs Aug. 15, 2005)...................... 29

In the Matter of: Victor Brown, No. 06-A-021

(La. Bd. Med. Exam’rs Sept. 17, 2007) ............. 29

In the Matter of: Victor Brown, No. 89-A-035

(La. Bd. Med. Exam’rs Dec. 8, 1989)................. 28

In the Matter of: Victor Brown, No. 99-I-035 (La.

Bd. Med. Exam’rs Mar. 24, 2000) ..................... 28

La. Dep’t of Health, Statement of Deficiencies

for Bossier City Medical Suite (Aug. 27,

2007) ................................................................... 20

La. Dep’t of Health, Statement of Deficiencies

for Bossier City Medical Suite (Feb. 1, 2017)

...................................................................... 19, 20

La. Dep’t of Health, Statement of Deficiencies

for Bossier City Medical Suite (Jan. 20,

2004) ............................................................. 19, 20

La. Dep’t of Health, Statement of Deficiencies

for Bossier City Medical Suite (July 2, 2009)

............................................................................ 19

La. Dep’t of Health, Statement of Deficiencies

for Causeway Medical Clinic (Jan. 27, 2011) .. 21,

22, 23

vi

La. Dep’t of Health, Statement of Deficiencies

for Causeway Medical Clinic (July 2, 2009)

............................................................... 21, 22, 23

La. Dep’t of Health, Statement of Deficiencies

for Causeway Medical Clinic (May 15, 2012)

...................................................................... 21, 22

La. Dep’t of Health, Statement of Deficiencies

for Causeway Medical Clinic (May 28, 2014) ... 21

La. Dep’t of Health, Statement of Deficiencies

for Causeway Medical Clinic (May 30, 2013) ... 24

La. Dep’t of Health, Statement of Deficiencies

for Causeway Medical Clinic (Nov. 30, 2015)

................................................................ 21, 22, 23

La. Dep’t of Health, Statement of Deficiencies

for Delta Clinic of Baton Rouge (Apr. 1,

2014) ................................................................... 14

La. Dep’t of Health, Statement of Deficiencies

for Delta Clinic of Baton Rouge (Dec. 7,

2009) ................................................. 11, 12, 13, 14

La. Dep’t of Health, Statement of Deficiencies

for Delta Clinic of Baton Rouge (Feb. 3,

2011) ............................................................. 11, 14

La. Dep’t of Health, Statement of Deficiencies

for Delta Clinic of Baton Rouge (Jan. 25,

2017) ............................................................. 12, 14

vii

La. Dep’t of Health, Statement of Deficiencies

for Delta Clinic of Baton Rouge (Jan. 9,

2013) ................................................................... 13

La. Dep’t of Health, Statement of Deficiencies

for Delta Clinic of Baton Rouge (July 11,

2018) ................................................................... 14

La. Dep’t of Health, Statement of Deficiencies

for Delta Clinic of Baton Rouge (July 13,

2018) ............................................................. 13, 14

La. Dep’t of Health, Statement of Deficiencies

for Delta Clinic of Baton Rouge (June 20,

2017) ................................................................... 14

La. Dep’t of Health, Statement of Deficiencies

for Delta Clinic of Baton Rouge (Mar. 29,

2019) ....................................................... 11, 12, 13

La. Dep’t of Health, Statement of Deficiencies

for Delta Clinic of Baton Rouge (May 27,

2004) ................................................................... 13

La. Dep’t of Health, Statement of Deficiencies

for Delta Clinic of Baton Rouge (Oct. 9, 2007)

............................................................................ 11

La. Dep’t of Health, Statement of Deficiencies

for Hope Medical Group for Women (Aug. 13,

2010) ........................................................... 7, 9, 10

viii

La. Dep’t of Health, Statement of Deficiencies

for Hope Medical Group for Women (Aug. 16,

2018) ................................................................... 10

La. Dep’t of Health, Statement of Deficiencies

for Hope Medical Group for Women (Aug. 30,

2011) ............................................................... 8, 10

La. Dep’t of Health, Statement of Deficiencies

for Hope Medical Group for Women (July 25,

2012) ........................................................... 7, 8, 10

La. Dep’t of Health, Statement of Deficiencies

for Hope Medical Group for Women (June 7,

2017) ................................................................... 10

La. Dep’t of Health, Statement of Deficiencies

for Hope Medical Group for Women (May 27,

2011) ............................................................... 8, 10

La. Dep’t of Health, Statement of Deficiencies

for Hope Medical Group for Women (Oct. 4,

2006) ..................................................................... 9

La. Dep’t of Health, Statement of Deficiencies

for Hope Medical Group for Women (Sept.

19, 2005) ............................................................... 9

La. Dep’t of Health, Statement of Deficiencies

for Hope Medical Group for Women (Sept. 3,

2009) ..................................................................... 9

ix

La. Dep’t of Health, Statement of Deficiencies

for Women’s Health Care Center (Apr. 8,

2004) ................................................................... 17

La. Dep’t of Health, Statement of Deficiencies

for Women’s Health Care Center (Aug. 5,

2004) ............................................................. 15, 16

La. Dep’t of Health, Statement of Deficiencies

for Women’s Health Care Center (June 19,

2018) ............................................................. 15, 16

La. Dep’t of Health, Statement of Deficiencies

for Women’s Health Care Center (Nov. 14,

2012) ................................................................... 16

La. Dep’t of Health, Statement of Deficiencies

for Women’s Health Care Center (Nov. 7,

2013) ............................................................. 15, 17

La. Dep’t of Health, Statement of Deficiencies

for Women’s Health Care Center (Oct. 19,

2010) ............................................................. 16, 17

La. Dep’t of Health, Statement of Deficiencies

for Women’s Health Care Center (Sept. 12,

2016) ................................................................... 17

La. Dep’t of Health, Statement of Deficiencies

for Women’s Health Care Center (Sept. 2,

2015) ....................................................... 15, 16, 17

x

Testimony of Leroy Brinkley, In re Cnty. Investigating

Grand Jury XXIII, No. 000-9901-2010, at 9 (First

Jud. Dist. of Pa. Ct. Com. Pl. Nov. 4, 2010)...... 18

1

INTEREST OF AMICUS CURIAE1

Amicus Americans United for Life (AUL) is the

first and most active pro-life non-profit advocacy

organization

dedicated

to

advocating

for

comprehensive legal protections for human life from

conception to natural death. Founded in 1971, before

this Court’s decision in Roe v. Wade, 410 U.S. 113

(1973), AUL has nearly 50 years of experience relating

to abortion jurisprudence. AUL attorneys are highlyregarded experts on the Constitution and legal issues

touching on abortion and are often consulted on

various bills, amendments, and ongoing litigation

across the country. AUL has created comprehensive

model legislation and works extensively with state

legislators to enact constitutional pro-life laws,

including model bills aimed at protecting the health

and safety of women who choose abortion. SeeAUL,

DEFENDING LIFE (2018 ed.) (state policy guide

providing model bills that protect women’s health).

AUL has also documented more than 1,400 health and

safety deficiencies and violations of state regulations

at 227 abortion clinics in 32 states between 2008 and

2016. See AUL, UNSAFE: AMERICA’S ABORTION

INDUSTRY

ENDANGERS

WOMEN

(2018

ed.),

https://aul.org/wp-content/uploads/2018/10/AULUnsafe-2018-Final-Proof.pdf.

1 No party’s counsel authored any part of this brief. No person

other than Amicus and their counsel contributed money intended

to fund the preparation or submission of this brief. Counsel for

all parties received timely notice and have consented to the filing

of this brief.

2

SUMMARY OF ARGUMENT

This Amicus Brief addresses the first question

presented by Cross-Petitioner: whether “abortion

providers [can] be presumed to have third-party

standing to challenge health and safety regulations on

behalf of their patients absent a ‘close’ relationship

with their patients and a ‘hindrance’ to their patients’

ability to sue on their own behalf.” Specifically,

Amicus focuses on the first prong regarding whether

abortion clinics and doctors have a “close” relationship

with their patients.

Louisiana abortion clinics have a long history of

health and safety violations, and Louisiana abortion

doctors have a long history of professional disciplinary

actions and substandard medical care. This history

reveals that not only do Louisiana abortion providers

lack the kind of “close” relationship ordinarily

required for third-party standing, but also that there

is an inherent conflict of interest between abortion

providers and their patients regarding state health

and safety regulations. Therefore, Plaintiffs cannot be

presumed to enjoy a “close” relationship with their

patients when it comes to legal challenges brought

against the very laws the State intends for the

protection of their patients’ health and safety, and

they should not have third-party standing.



3

ARGUMENT

Plaintiffs do not have a “close” relationship with

their patients and should not have third-party

standing.

In Singleton v. Wulff, this Court concluded that “it

generally is appropriate to allow a physician to assert

the rights of women patients as against governmental

interference with the abortion decision.” 428 U.S. 106,

118 (1976). Based on this generality, this Court and

lower courts have assumed carte blanche that

abortion providers have third-party standing on

behalf of women seeking abortion without any

meaningful, particularized analysis. Cf. Whole

Woman’s Health v. Hellerstedt, 136 S. Ct. 2292, 2322

(2016) (Thomas, J., dissenting) (“[A] plurality of this

Court fashioned a blanket rule allowing third-party

standing in abortion cases.”). Considering abortion

providers routinely challenge state health and safety

regulations designed to protect their patients, this

presumption is at odds with this Court’s third-party

standing doctrine requiring: (1) a “close” relationship

between the third party and the person who possess

the right, and (2) a “‘hinderance’ to the possessor’s

ability to protect his own interests.” Kowalski v.

Tesmer, 543 U.S. 125, 130 (2004).

There is an inherent conflict of interest between

abortion providers and their patients when it comes to

state health and safety regulations. It is impossible for

abortion clinics and doctors to share or represent the

interests of their patients when they seek to eliminate

4

the very regulations designed to protect their patients’

health and safety.

Abortion providers routinely bring legal

challenges against state health and safety

regulations, and Louisiana abortion clinics and

doctors are no different.2 These cases often involve the

unsubstantiated claims that the health and safety

regulations will close clinics or “force physicians in

Louisiana to cease providing abortion services to

women.” Okpalobi v. Foster, 244 F.3d 405, 410 (5th

Cir. 2001) (en banc). Yet despite these doomsday

predictions, abortion clinics remain open and doctors

continue to provide abortions when the regulations do

go into effect. See, e.g., id. at 410 (claiming that if Act

825 goes into effect, it will “eliminate abortions in

Louisiana”); La. Rev. Stat. Ann. § 9:2800.12 (Act 825

currently in effect).

Plaintiffs bring the current legal challenge

against a backdrop of serious health and safety

2 See, e.g., Choice Inc. v. Greenstein, 691 F.3d 710 (5th Cir. 2012)

(Louisiana abortion clinics—Causeway Medical Clinic, Bossier

City Medical Suite, Delta Clinic of Baton Rouge, Midtown

Medical, and Women’s Health Care Center—brought a legal

challenge against a Louisiana law regulating abortion clinic

licensing compliance standards.); Okpalobi v. Foster, 244 F.3d

405 (5th Cir. 2001) (en banc) (Louisiana abortion clinics and

doctors—including Causeway Medical Suite, Bossier City

Medical Suite, Hope Medical Group for Women, Delta Women’s

Clinic, Women’s Health Clinic, Dr. Ifeanyi Charles Anthony

Okpalobi, and Dr. A. James Whitmore, III—brought a legal

challenge against a Louisiana law giving women a private tort

remedy against abortion doctors for damages to both mother and

unborn child during an abortion procedure.).

5

violations by Louisiana abortion clinics and

professional disciplinary actions and substandard

medical care by Louisiana abortion doctors. This

history demonstrates that Plaintiffs do not have a

“close” relationship with their patients and should not

have third-party standing.3

A. Louisiana abortion clinics—including

Plaintiff June Medical Services—have a

long history of serious health and safety

violations.

Louisiana abortion clinics have a slew of health

and safety violations documented in Statements of

Deficiencies (SOD) by the Louisiana Department of

Health (LDH).4 Below is a sampling of some of the

more egregious violations reported by LDH for five

Louisiana abortion clinics: June Medical Services,

Delta Clinic of Baton Rouge, Women’s Health Care

Center, Bossier City Medical Suite, and Causeway

Medical Clinic. The first three clinics are still

operating, while the Bossier City and Causeway

clinics closed soon after failing to report a rape of a

minor and performing an abortion on a minor without

judicial consent or parental notice, respectively.

June Medical Services. Plaintiff June Medical

Services, doing business as Hope Medical Group for

Women in Shreveport, is currently challenging

3 This Court need not overturn Singleton v. Wulff to conclude that

Plaintiffs in this case do not have third-party standing.

4 All of the LDH SODs cited in this Brief are public records

received under Louisiana Public Records Law, La. Rev. Stat.

Ann. 44:1 et seq., and are on file with Amicus.

6

Louisiana’s admitting privileges requirement in this

case, as well as a host of other Louisiana health and

safety regulations in other cases.5 Despite June

Medical’s eagerness to have abortion health and

safety regulations struck down, it has been cited for

violating patient health and safety regulations, as

well as failing to ensure proper physician

credentialing and competency.

Substandard patient care.

• 2010: Immediate Jeopardy6 situation identified

for failing to monitor each abortion patient’s

level of consciousness, respiratory status, and

cardiovascular

status

during

abortion

procedures

for

patients

receiving

See, e.g., June Medical Services v. Gee, No. 18-1323 (U.S.

petition for cert. filed Apr. 17, 2019) (challenging admitting

privileges law); June Medical Services v. Gee, No. 17-404 (M.D.

La. filed June 27, 2017) (challenging the entire out-patient

abortion regulatory scheme, covering at least 26 abortion laws,

including licensing, recordkeeping, and informed consent

requirements); June Medical Services v. Gee, No. 16-444 (M.D.

La. filed July 1, 2016) (challenging six 2016 health and safety

laws, including board certification requirement).

6 “Immediate Jeopardy” is a “situation in which entity

noncompliance has placed the health and safety of recipients in

its care at risk for serious injury, serious harm, serious

impairment or death. . . . [It] is the most serious deficiency type,

and carries the most serious sanctions . . . .” Ctrs. for Medicare &

Medicaid Servs., State Operations Manual, Appendix Q—Core

Guidelines for Determining Immediate Jeopardy (Mar. 6, 2019),

https://www.cms.gov/Regulations-andGuidance/Guidance/Manuals/downloads/som107ap_q_immedjeo

pardy.pdf.

5

7

administration of intravenous (IV) medications

and inhalation gas agents.7

• 2010: Failure to monitor the amount or length

of time the nitrous/oxygen gas was

administered to abortion patients.8

• 2010: Failure to ensure that the physician

performed and documented a physical

examination on each abortion patient.9

• 2010: Failure to ensure that the physician

verified a patient’s menstrual, obstetrical, and

medical history and questioned the patient

about past complications with anesthesia prior

to

administering

the

anesthesia

and

10

performing the abortion.

• 2012: Failure to ensure an abortion patient was

medically stable upon discharge.11

• 2012: Failure to ensure all patients completed

and signed consent forms for the abortion

procedure conducted.12

7 LDH, SOD for Hope Medical Group for Women 4, 8–9 (Aug. 13,

2010). All future citations will refer to “Hope Medical Group for

Women” as “Hope Medical.”

8 Id. at 8–12.

9 Id. at 13.

10 Id.

11 LDH, SOD for Hope Medical 3 (July 25, 2012).

12 Id. at 9.

8

Unsanitary, expired, missing, or improperly stored

instruments, medications, and medical supplies.

• 2011: Failure to properly store and safeguard

drugs and medication.13

• 2011: Failure to label the name or strength of

stored medications and identify the patient’s

name, and the date and time the medication

was prepared.14

• 2011: Failure to document date and time

medications were compounded, properly store

the medications, and identify the corresponding

storage time limit.15

• 2012: Failure to properly handle sterile

instruments and items, including placing

opened sterile trays for future patients in

procedure room while procedures were

ongoing.16

• 2012: Failure to properly clean and disinfect

instruments after use in patient procedures.17

13 LDH, SOD for Hope Medical 7–8 (May 27, 2011).

14 Id.

15 LDH, SOD for Hope Medical 4–5 (Aug. 30, 2011).

16 SOD for Hope Medical 11 (July 25, 2012).

17 Id.

9

Missing facility licenses; unlicensed or uncredentialed

medical staff providing patient care.

• 2005: Failure to ensure the clinic’s Controlled

Dangerous Substance (CDS) license was up to

date.18

• 2006: Failure to ensure physician had

admitting privileges at a local hospital or a

written transfer agreement with a physician

with admitting privileges.19

• 2009: Failure to ensure that laboratory

technicians dispensing medication were

licensed to do so.20

• 2010: Failure to ensure qualifications, training,

and competency of staff administering IV

medications and analgesic gases to patients.21

• 2010: Failure to have a qualified professional

monitor a patient during the initiation and

administration of inhalation gas agents and

after the administration of IV medications.22

• 2011, 2012: Failure to ensure nurse had the

competency, skills, and knowledge to compound

18 LDH, SOD for Hope Medical 1–2 (Sept. 19, 2005).

19 LDH, SOD for Hope Medical 1–2 (Oct. 4, 2006).

20 LDH, SOD for Hope Medical 1–2 (Sept. 3, 2009).

21 SOD for Hope Medical 2–3 (Aug. 13, 2010).

22 Id. at 4–5.

10

medication used by physicians in paracervical

blocks.23

Incomplete, inaccurate, and untimely patient medical

records and state mandated reports.

• 2010,

2011:

Failure

to

include

an

individualized, signed, and dated copy of the

physician’s standing orders in each patient’s

medical records.24

• 2011, 2017, 2018: Failure to timely submit

Induced Termination of Pregnancy (ITOP)

report with physician’s signature and failure to

submit reports for patients who had

complications.25

Delta Clinic of Baton Rouge. Delta Clinic of

Baton Rouge is still operating despite repeated

violations of health and safety regulations.

Substandard patient care.

• 2009: Immediate Jeopardy situation identified

for failing to follow standards of practice for

administering conscience sedation by placing

syringes in a non-sterile bag; failing to

23 SOD for Hope Medical 1 (Aug. 30, 2011); SOD for Hope Medical

2 (July 25, 2012).

24 SOD for Hope Medical 13–14 (Aug 13, 2010); SOD for Hope

Medical 7 (Aug. 30, 2011).

25 SOD for Hope Medical 5–7 (May 27, 2011); LDH, SOD for Hope

Medical 5–7 (June 7, 2017); LDH, SOD for Hope Medical 1–3

(Aug. 16, 2018).

11

document medication, time, and dose; failing to

monitor cardiac status; and failing to document

start and end times of abortion procedures.26

• 2019: Immediate Jeopardy situation identified

for failing to have emergency IV fluids available

for surgical abortion patient experiencing

heavy bleeding, which led to the patient being

transferred to the hospital where she

underwent a hysterectomy and bilateral

salpingectomy.27

• 2007: Failure to ensure that the physician

performed and documented a physical

examination on each abortion patient.28

• 2009: Failure to monitor level of consciousness,

respiratory status, and cardiac status during

abortion procedure for patients receiving

conscious sedation.29

• 2009: Failure to counsel abortion patients

individually and privately.30

• 2011: Failure to obtain written notarized

parental consent before performing abortion on

minor patient.31

26 LDH, SOD for Delta Clinic of Baton Rouge 6–9 (Dec. 7, 2009).

All future citations will refer to “Delta Clinic of Baton Rouge” as

“Delta Clinic.”

27 LDH, SOD for Delta Clinic 6–14 (Mar. 29, 2019).

28 LDH, SOD for Delta Clinic 1–3 (Oct. 9, 2007).

29 SOD for Delta Clinic 5, 14–17 (Dec. 7, 2009).

30 Id. at 5, 20–22.

31 LDH, SOD for Delta Clinic 5–7 (Feb. 3, 2011).

12

Unsanitary, expired, missing, or improperly stored

instruments, medications, and medical supplies.

• 2019: Immediate Jeopardy situation identified

when clinic did not have IV fluids available to

stabilize patient who had surgical abortion

complications

and

experienced

heavy

32

bleeding.

• 2009: Failure to follow manufacturer’s

guidelines and properly decontaminate vaginal

probes between patient use.33

• 2009: Failure to ensure single use IV fluid was

used only once.34

• 2009: Failure to ensure pre-written, pre-signed

prescriptions were patient-specific.35

• 2009: Failure to maintain aseptic technique for

syringes.36

• 2017: Failure to properly sterilize medical

equipment.37

32 SOD for Delta Clinic 6–14 (Mar. 29, 2019).

33 SOD for Delta Clinic 34 (Dec. 7, 2009).

34 Id. at 34–35, 39–40.

35 Id. at 40–41.

36 Id. at 9–11.

37 LDH, SOD for Delta Clinic 37–41 (Jan. 25, 2017).

13

• 2009, 2013, 2018: Failure to ensure medical

supplies and medications were not expired.38

• 2018: Failure to label and date syringes filled

with lidocaine and epinephrine.39

• 2019: Failure to maintain sufficient supply of

unexpired emergency medication for treating

complications.40

Missing facility licenses; unlicensed or uncredentialed

medical staff providing patient care.

• 2004: Failure to ensure physician had

admitting privileges at a local hospital or a

written transfer agreement with a physician

with admitting privileges.41

• 2018: Failure of nurse to obtain physician’s

order before administering medications and

biologicals.42

Incomplete, inaccurate, and untimely patient medical

records and state mandated reports.

• 2009, 2018: Failure to document name, time,

route, dose, and/or rate of administration of

38 SOD for Delta Clinic 29–30 (Dec. 7, 2009); LDH, SOD for Delta

Clinic 1 (Jan. 9, 2013); LDH, SOD for Delta Clinic 37–38 (July

13, 2018).

39 SOD for Delta Clinic 32–34 (July 13, 2018).

40 SOD for Delta Clinic 14–16 (Mar. 29, 2019).

41 LDH, SOD for Delta Clinic 1–2 (May 27, 2004).

42 SOD for Delta Clinic 5–17, 43–51 (July 13, 2018).

14

conscience sedation medication and drugs for

patients receiving paracervical blocks in

patients’ medical records.43

• 2009, 2011: Failure to follow mandatory

reporting laws for carnal knowledge, incest,

and rape of minors.44

• 2014: Failure to maintain accurate medical

records on the correct age of the alleged father

of the unborn child of a minor patient.45

• 2017, 2018: Failure to timely submit ITOP

reports signed by physician.46

Women’s Health Care Center. Women’s Health

Care Center, currently operating in New Orleans, has

received numerous health and safety deficiencies.

Substandard patient care.

• 2004: Failure to follow up with patients

regarding potential problems resulting from

43 SOD for Delta Clinic 11–14 (Dec. 7, 2009); SOD for Delta Clinic

22–29, 39–43 (July 13, 2018).

44 SOD for Delta Clinic 9, 18–20 (Dec. 7, 2009); SOD for Delta

Clinic 2–5 (Feb. 3, 2011).

45 LDH, SOD for Delta Clinic 3–4 (Apr. 1, 2014).

46 SOD for Delta Clinic 10–14, 26–31 (Jan. 25, 2017); LDH, SOD

for Delta Clinic 4–6, 10–12 (June 20, 2017); LDH, SOD for Delta

Clinic 1–2 (July 11, 2018); SOD for Delta Clinic 30–31 (July 13,

2018).

15

the use of an unsanitary instrument during

abortion procedure.47

• 2013: Failure to ensure a patient, referring

physician, or performing physician signed

informed consent form for an abortion

procedure.48

• 2015: Failure to document complication of a

patient who experienced heavy vaginal

bleeding eight days after her chemical abortion,

was picked up by a clinic staff member and

brought to the clinic, and was then

subsequently transported by clinic staff to the

hospital.49

• 2018: Failure to inform persons inquiring about

abortion of Louisiana’s website containing

informed consent information about abortion—

including abortion options and alternatives—

during initial contact as required by law.50

47 LDH, SOD for Women’s Health Care Center 2, 6–7 (Aug. 5,

2004).

48 LDH, SOD for Women’s Health Care Center 1–2 (Nov. 7, 2013).

49 LDH, SOD for Women’s Health Care Center 5–7 (Sept. 2,

2015).

50 LDH, SOD for Women’s Health Care Center 2–7 (June 19,

2018).

16

Unsanitary, expired, missing, or improperly stored

instruments, medications, and medical supplies.

• 2004: Failure to properly sterilize surgical

equipment

and

instruments,

including

instruments used to enter the uterine cavity.51

• 2015: Failure to disinfect abdominal ultrasound

probe.52

Missing facility licenses; unlicensed or uncredentialed

medical staff providing patient care.

• 2012: Failure to provide nursing services under

the direction of a registered nurse (RN) because

the facility did not employ an RN.53

• 2010, 2015: Failure to properly evaluate

licensed medical personnel and non-licensed

staff for competency.54

• 2018: Failure to ensure the clinic medical

director who procured/ordered a controlled

dangerous substance had a current CDS

license.55

51 SOD for Women’s Health Care Center 2–6 (Aug. 5, 2004).

52 SOD for Women’s Health Care Center 11–13 (Sept. 2, 2015).

LDH, SOD for Women’s Health Care Center 1–2 (Nov. 14,

2012).

54 LDH, SOD for Women’s Health Care Center 5 (Oct. 19, 2010);

SOD for Women’s Health Care Center 3–4 (Sept. 2, 2015).

55 SOD for Women’s Health Care Center 8–10 (June 19, 2018).

53

17

Incomplete, inaccurate, and untimely patient medical

records and state mandated reports.

• 2004: Failure to document medications

administered and post-operative care in

patients’ medical records.56

• 2010, 2013, 2016: Failure to timely submit

ITOP reports signed by physician, and failure

to ensure reports contained accurate

information.57

• 2015:

Failure

to

document

patient

communication, complications, transport to

hospital, or hospital admittance in patient

medical records.58

Leroy Brinkley. Leroy Brinkley, who operates

both Delta Clinic of Baton Rouge and Women’s Health

Care Center, and as well as other clinics in the past

and in other states, has a history of reportedly

unscrupulous business practices.

For example, Brinkley was held personally liable

for Delta Clinic’s $337,000 fine for violating the

Federal Controlled Substances Act after the clinic

failed to pay. See United States v. Clinical Leasing

Service, Inc., 982 F.2d 900 (5th Cir. 1992). He also

employed the infamous Dr. Kermit Gosnell as an

56 LDH, SOD for Women’s Health Care Center 3–5 (Apr. 8, 2004).

57 SOD for Women’s Health Care Center 2 (Oct. 19, 2010); LDH,

SOD for Women’s Health Care Center 4–5 (Nov. 7, 2013); LDH,

SOD for Women’s Health Care Center 4–8 (Sept. 12, 2016).

58 SOD for Women’s Health Care Center 5–6 (Sept. 2, 2015).

18

independent contractor at his Delaware clinic,

Atlantic Women’s Medical Services.59 Brinkley would

send women whom the Delaware clinic could not help

(presumably because they were seeking a late-term

abortion) across state lines to Gosnell’s clinic in

Pennsylvania.60 Gosnell’s clinic was “convicted for the

first-degree murder of three infants who were born

alive and for the manslaughter of a patient.”

Hellerstedt, 136 S. Ct. at 2343 (Alito, J., dissenting).

When Brinkley was subpoenaed for Gosnell’s patient

files, he was only able to produce three files and could

not explain what happened to the rest.61

Bossier City Medical Suite. Bossier City

Medical was located in Bossier City, Louisiana until

the clinic’s abrupt closure on April 1, 2017, two

months after LDH reported that the clinic failed to

report a rape of a minor. About a month after the clinic

closed, all of the patient files were destroyed by the

clinic’s former principal. Declaration of Roneal

Martin, Gee v. Bossier City Medical Suite, No. 1800369 (E.D. Tex. July 3, 2018).

59 Testimony of Leroy Brinkley, In re Cnty. Investigating Grand

Jury XXIII, No. 000-9901-2010, at 9 (First Jud. Dist. of Pa. Ct.

Com. Pl. Nov. 4, 2010).

60 Id. at 42.

61 Id. at 19–20.

19

Substandard patient care.

• 2009: Failure to assess patients who had been

administered narcotic medications prior to

their abortion procedure.62

Unsanitary, expired, missing, or improperly stored

instruments, medications, and medical supplies.

• 2004: Failure to ensure medications were not

expired.63

• 2004: Failure to ensure clinic was supplied with

emergency medications.64

• 2009:

Failure

to

maintain

sanitary

environment by keeping a suction bottle for

“special procedures” in a biohazard bag inside a

trash can, storing an open jug of distilled water

next to disinfection spray, and allowing rust

and dirt to build up on the metal of procedure

beds.65

• 2017: Failure to ensure proper sterilization of

surgical instruments.66

62 LDH, SOD for Bossier City Medical Suite 1 (July 2, 2009). All

future citations will refer to “Bossier City Medical Suite” as

“Bossier City.”

63 LDH, SOD for Bossier City 6 (Jan. 20, 2004).

64 Id. at 7.

65 SOD for Bossier City 1–3 (July 2, 2009).

66 LDH, SOD for Bossier City 13–16 (Feb. 1, 2017).

20

Missing facility licenses and patient care by unlicensed

or uncredentialed medical staff.

• 2004: Failure to have site-specific CDS license

and

Drug

Enforcement

Administration

registration needed to order drugs.67

• 2007: Failure to ensure nurse administering IV

medications received in-service training,

completed formalized training course, and

received signed physician statement to

administer medications to patients.68

Incomplete, inaccurate, and untimely patient medical

records and state mandated reports.

• 2004: Failure to maintain records

prescription drugs dispensed to patients.69

of

• 2017: Failure to timely submit ITOP reports

with physician signature.70

• 2017: Failure to report rape of minor child to

proper authorities.71

Causeway Medical Clinic. Causeway Medical

Clinic was located in Metairie until its abrupt closure

on February 10, 2016, less than three months after

67 SOD for Bossier City 7 (Jan. 20, 2004).

68 LDH, SOD for Bossier City 1–2 (Aug. 27, 2007).

69 SOD for Bossier City 6–7 (Jan. 20, 2004).

70 SOD for Bossier City 6–11 (Feb. 1, 2017).

71 Id. at 6–7, 11–13.

21

LDH reported that the clinic performed an abortion on

a minor without parental consent or judicial notice.

Substandard patient care.

• 2009: Immediate Jeopardy situation identified

for failure to monitor rate of IV sedation, level

of consciousness, respiratory status, and

cardiovascular status during patients’ abortion

procedure.72

• 2011: Failure to ask minor patients the age of

the alleged father of the minor’s unborn child or

whether sexual contact had been consensual or

forced—information necessary to comply with

mandatory state reporting of “abuse of minors

as it relates to carnal knowledge, incest, and

rape of minors.”73

• 2012, 2015: Failure to obtain parental consent

or judicial bypass before performing an

abortion on a minor.74

• 2014: Failure to document patient’s vital signs

during post-procedure recovery or at time of

discharge.75

72 LDH, SOD for Causeway Medical Clinic 3–9 (July 2, 2009). All

future citations will refer to “Causeway Medical Clinic” as

“Causeway.”

73 LDH, SOD for Causeway 2–5 (Jan. 27, 2011).

74 LDH, SOD for Causeway 2–5 (May 15, 2012); LDH, SOD for

Causeway 10–15 (Nov. 30, 2015).

75 LDH, SOD for Causeway 2–4 (May 28, 2014).

22

• 2015: Failure to investigate a complaint and

grievance of a mother whose minor daughter

had an abortion without parental consent or

judicial bypass.76

Unsanitary, expired, missing, or improperly stored

instruments, medications, and medical supplies.

• 2009: Failure to have reversal agent for

sedation in emergency medical and supply

box.77

• 2009: Failure to maintain a clean environment

to prevent possibility of cross-contamination

between patients and/or staff.78

• 2009, 2012: Failure to ensure medications were

not expired.79

• 2011: Failure to ensure vaginal ultrasound

transducer was properly disinfected and

sanitized between patient use.80

76 SOD for Causeway 10–13 (Nov. 30, 2015).

77 SOD for Causeway 10, 12 (July 2, 2009).

78 Id. at 19.

79 Id. at 22; SOD for Causeway 6–7 (May 15, 2012).

80 SOD for Causeway 14–15 (Jan. 27, 2011).

23

Missing facility licenses; unlicensed or uncredentialed

medical staff providing patient care.

• 2009: Failure to ensure abortion clinic was

inspected and approved annually by the Office

of Public Health.81

• 2009, 2015: Failure to obtain physician’s order

before administering medications.82

• 2009: Failure to have qualified staff administer

IV sedation.83

• 2011, 2015: Failure to determine physicians’

specific

privileges

at

clinic,

privilege

qualifications, license restrictions, or evidence

of prior malpractice claims or settlements.84

Incomplete, inaccurate, and untimely patient medical

records and state mandated reports.

• 2009: Failure to accurately document in

patients’ medical records the rate of IV

sedation, level of consciences, cardiac status,

and respiratory status throughout stay until

discharge.85

81 SOD for Causeway 1 (July 2, 2009).

82 Id. at 21–22; SOD for Causeway 5–8 (Nov. 30, 2015).

83 SOD for Causeway 15–16 (July 2, 2009).

84 SOD for Causeway 8 (Jan. 27, 2011); SOD for Causeway 2–4

(Nov. 30, 2015).

85 SOD for Causeway 2–9 (July 2, 2009).

24

• 2013: Failure to record correct age of the

alleged father of the unborn child of a minor

patient.86

All of the clinic violations reported in the LDH

Statement of Deficiencies demonstrate that Louisiana

abortion clinics do not share the same interests as

their patients when it comes to health and safety, and

as such cannot have the necessary “close” relationship

for third-party standing.

B. Louisiana abortion doctors have a long

history of professional disciplinary

actions and substandard medical care.

In Louisiana abortion doctors have received

numerous professional disciplinary actions by the

Louisiana State Board of Medical Examiners

(“Board”). These actions reveal that past and current

abortion doctors have engaged in unprofessional and

unethical behavior, and substandard medical care of

their patients.87 Five of these abortion doctors—some

of whom have been involved in legal challenges

against Louisiana health and safety laws—are

discussed below.

Dr. Adrian J. Coleman. Dr. Coleman was an

abortion doctor at the Delta Clinic. In 2008 and 2009,

his operative vaginal delivery privileges and his

clinical privileges were suspended at two medical

86 LDH, SOD for Causeway 1–3 (May 30, 2013).

87 All Board disciplinary reports are judicially noticeable public

documents

available

on

the

Board’s

website:

https://secure.pharmacy.la.gov/Lookup/LicenseLookup.aspx. See

Fed. R. Evid. 201.

25

facilities, respectively—first after an infant died

during a delivery he performed and second after he

had an “unacceptably high number of absences from

obstetrical deliveries, [did] not adequately evaluate

and care for his patients in the labor and delivery unit,

and fail[ed] to document his patient care adequately

and accurately.”88 As a result, the Board placed Dr.

Coleman’s medical license on probation for three years

in 2010 and prohibited him from performing all

operative vaginal delivery procedures, a prohibition

that would not be lifted until the Board determined

that he was “competent to perform [surgical]

procedures safely and in accordance with the

prevailing standards of medical practice.”89 He passed

away in 2011.

Dr. Ifeanyi Charles Anthony Okpalobi. Dr.

Okpalobi was involved in multiple legal challenges to

Louisiana abortion health and safety laws, including

a Louisiana law that created a private tort remedy for

women against abortion doctors for damages to both

the mother and unborn child during an abortion

procedure. See, e.g., Okpalobi, 244 F.3d 405. During

this legal challenge he was cited by the Board for

failing to report multiple malpractice complaints and

settlements.90 His failure to report, in addition to

allegations that he “demonstrated professional and/or

medical incompetency by his inability to provide

timely and appropriate care to his patients, including

88 In the Matter of: Adrian Joseph Coleman: No. 08-I-775, at 1

(La. Bd. Med. Exam’rs Mar. 15, 2010).

89 Id. at 2–3.

90 In the Matter of: Ifeanyi Okpalobi, No. 93-I-051-X (La. Bd. Med.

Exam’rs Mar. 8, 1999).

26

but not limited to risk assessment, pre-natal and postnatal management, determination of uterine size and

gestational age, and testing and evaluation related to

abortion,” resulted in a consent order by which Dr.

Okpalobi agreed to have his medical license put on a

three-year probationary period and to an indefinite

prohibition on his obstetrical practice.91 In 2012, Dr.

Okpalobi was officially reprimanded for his repeated

failures to meet Abortion Facility Licensing

Standards and continued conduct that was indicative

of a practice which “fail[ed] to satisfy the prevailing

and usually accepted standards of medical practice.”92

He was required to receive Board approval for any

intended medical practice.93 He passed away in 2018.

Dr. A. James Whitmore, III. Dr. Whitmore was

part of the same legal challenge as Dr. Okpalobi

against the Louisiana abortion tort remedy law. See

Okpalobi, 244 F.3d 405. Prior to this challenge, Dr.

Whitmore was involved in two deliveries of children in

which his diagnoses and treatments were

inappropriate and resulted in the birth of one child

brain damaged, the death of one other child, and an

inappropriate Caesarean section.94 About a decade

later, while working at Delta Clinic, Dr. Whitmore

used instruments that were rusty, cracked, and

unsterile; single-use instruments on multiple

patients; and a sterilization solution that was

91 Id.

92 In the Matter of: Ifeanyi Charles Okpalobi, No. 10-I-033, at 1

(La. Bd. Med. Exam’rs May 9, 2012).

93 Id. at 3.

94 In the Matter of: A. James Whitmore, No. 92-A-001, at 1 (La.

Bd. Med. Exam’rs May 21, 1992).

27

infrequently changed and often had pieces of tissue

floating in it.95 After a second trimester abortion he

performed, the patient continued to have moderate

bleeding, but the ambulance was not called until

almost three hours later.96 When the patient arrived

in the emergency room, it was discovered that she had

a perforated uterus, her uterine artery was lacerated,

and it was necessary to perform a complete

hysterectomy.97 The Board found Dr. Whitmore guilty

of unprofessional conduct and continuing or recurring

medical practices which failed to satisfy accepted

medical standards based on his “disregard of proper

sanitary procedures, his rude and callous treatment of

his patients, his refusal to answer their questions, and

his tardy recognition of the seriousness of the

condition of [a] patient [that] endanger[ed] her life.”98

Based on these actions, the Board had “grave

reservations as to Dr. Whitmore’s professional

competency,” and placed his medical license on

immediate probation for an indefinite period.99

Dr. Victor Brown. Dr. Brown has received many

disciplinary actions from the Board. In 1989, after

allegedly writing and issuing prescriptions for

controlled substances to five patients without

legitimate medical justification, Dr. Brown entered

into a consent order placing his medical license on

probation for three years and prohibiting him for the

95 In the Matter of: A. James Whitmore, III, No. 00-A-021, at 2

(La. Bd. Med. Exam’rs Jan. 22, 2002).

96 Id. at 3.

97 Id.

98 Id.

99 Id.

28

duration of his medical career from prescribing,

dispensing, or administering any Schedule II

controlled substance.100 In 1997, a medical center

suspended his surgical/invasive/endoscopic clinical

privileges after an investigation revealed that his

definition, evaluation, and treatment of infertility

were inconsistent and not in keeping with generally

recognized medical standards since he performed

dilation and curettage on almost every patient even

when the procedure was not medically indicated or

necessary.101 Dr. Brown failed to report the loss of his

privileges on three different medical license renewal

applications, so when the Board discovered this in

2000, he agreed to a consent order placing his medical

license on indefinite probation and a lifetime

limitation on the practice of medicine in the field of

obstetrics/gynecology.102 Specifically, he was never

again to perform any prenatal care in any and all

surgical/invasive/endoscopic procedures, including

dilations and curettages, dilations and evacuations,

dilations and extractions, abortions, and vaginal or

cesarean deliveries.103 But in 2005, Dr. Brown

violated the 2000 consent order by engaging in and

practicing medicine he was not authorized to practice.

His license was once again placed on indefinite

probation and he was further restricted from

performing cervical or vaginal biopsies and

100 In the Matter of: Victor Brown, No. 89-A-035, at 2 (La. Bd.

Med. Exam’rs Dec. 8, 1989).

101 In the Matter of: Victor Brown, No. 99-I-035, at 1 (La. Bd. Med.

Exam’rs Mar. 24, 2000).

102 Id. at 4.

103 Id.

29

performing or interpreting ultrasounds of any kind.104

In 2007, Dr. Brown’s medical license was revoked and

cancelled for violating the terms of the 2005 consent

order, unprofessional conduct, and professional and

medical incompetency when he gave prenatal care to

an abortion patient by either giving the patient a

prescription without first examining her or taking and

interpreting an ultrasound and then prescribing the

patient an abortifacient.105

Dr. Kevin Work. Dr. Work has received multiple

disciplinary actions from the Board. In 2009, his

medical license was placed on a one year probation

after a hospital suspended his clinical privileges.106 In

2014, after Dr. Work allowed staff to use his name and

electronic signature, and engage in the practice of

medicine, he agreed to a one year probation on his

medical license and a requirement that the Board

approve any future practice of medicine.107 In 2016,

after again allowing unlicensed staff members to

practice medicine by performing ultrasounds and

providing prenatal care at his clinic, Dr. Work agreed

not practice medicine in any capacity for one year.108

In 2017, his license was reinstated on a two-year

104 In the Matter of: Victor Brown, No. 01-I-037, at 3 (La. Bd. Med.

Exam’rs Aug. 15, 2005).

105 In the Matter of: Victor Brown, No. 06-A-021, at 2, 5 (La. Bd.

Med. Exam’rs Sept. 17, 2007).

106 In the Matter of: Kevin Govan Work, No. 08-I-774, at 1–2 (La.

Bd. Med. Exam’rs Mar. 16, 2009).

107 In the Matter of: Kevin Govan Work, No. 13-I-014, at 1–3 (La.

Bd. Med. Exam’rs Oct. 17, 2014).

108 In the Matter of: Kevin Govan Work, No. 15-A-009, at 3 (La.

Bd. Med. Exam’rs Feb. 15, 2016).

30

probation requiring that he only engage in the

practice of medicine as approved by the Board and in

a non-solo practitioner setting.109 In 2019, his medical

license was suspended pending resolution of claims

relating to practicing at an abortion clinic without

prior Board approval.110 As part of a consent order, he

was officially reprimanded and placed on probation for

two years with the same restrictions as in 2017, but

with the addition that another physician be present

any time he practices medicine and a covenant that,

regardless of the status of his medical license, “he will

not practice in the area of abortion care in the State of

Louisiana” and “will not practice obstetrics in the

State . . . other than diagnosing pregnancy and

referring pregnant patients.”111 Dr. Work’s medical

license was reinstated without restriction on June 20,

2019.112

In sum, Louisiana abortion doctors’ multiple

professional disciplinary actions for substandard

medical care and blatant disregard for their patients’

health and safety—in addition to the numerous health

and safety violations of Louisiana abortion clinics—

demonstrate that abortion providers’ interests are at

odds with their patients’ interests. As such, Plaintiffs

do not have a “close” relationship with their patients

and should not have third-party standing.

109 In the Matter of: Kevin Govan Work, No. 15-A-009, at 1–2 (La.

Bd. Med. Exam’rs June 20, 2017).

110 In the Matter of: Kevin Govan Work, No. 19-I-144 (La. Bd.

Med. Exam’rs Feb. 26, 2019).

111 In the Matter of: Kevin Govan Work, No. 2019-A-011, at 1–2

(La. Bd. Med. Exam’rs Apr. 15, 2019).

112 In the Matter of: Kevin Govan Work, No. 2019-A-11 (La. Bd.

Med. Exam’rs June 10, 2019).

31

CONCLUSION

If the Court grants the petition in No. 18-1323, it

should grant the Conditional Cross-Petition.

Respectfully submitted,

CATHERINE GLENN FOSTER

RACHEL N. MORRISON

Counsel of Record

NATALIE M. HEJRAN

AMERICANS UNITED FOR LIFE

1150 Connecticut Ave NW,

Suite 500

Washington, D.C. 20036

Rachel.Morrison@aul.org

(202) 741-4902

JUNE 24, 2019

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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