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Edwards v. Beck

United States Court of Appeals, Eighth Circuit

May 27, 2015

Louis Jerry Edwards, M.D., on behalf of himself and his patients; Tom Tvedten, M.D., on behalf of himself and his patients, Plaintiffs - Appellees
v.
Joseph M. Beck, M.D., President of the Arkansas State Medical Board, and his successors in office, in their official capacity; Omar Atiq, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity; Harold B. Betton, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity; Steven L. Cathey, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity; Jim Citty, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity; Bob Cogburn, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity; William F. Dudding, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity; Roger Harmon, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity; John E. Hearnsberger, II, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity; Verly Hodges, D.O., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity; Scott Pace, Pharm.D., J.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity; John H. Scribner, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity; Sylvia D. Simon, M.D., officer and member of the Arkansas State Medical Board, and her successors in office, in their official capacity; John . Weiss, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity, Defendants - Appellants; Curtis James Neeley, Jr.; Women Injured by Abortion; An Abortion Survivor; Liberty Council, Inc.; Concepts of Truth, Inc., Amici on Behalf of Appellant(s), Physicians for Reproductive Health; National Abortion Federation; American Public Health Association, Amici on Behalf of Appellee(s)

Submitted: January 13, 2015.

Page 1114

Appeal from United States District Court for the Eastern District of Arkansas - Little Rock.

For Louis Jerry Edwards, M.D., on behalf of himself and his patients, Tom Tvedten, M.D., on behalf of himself and his patients, Plaintiffs - Appellees: Bettina E. Brownstein, Little Rock, AR; Susan Talcott Camp, Deputy Director, American Civil Liberties Union, ACLU of New York, New York, NY; Holly Elizabeth Dickson, American Civil Liberties Union, ACLU of Arkansas, Little Rock, AR; Stephanie Toti, Center For Reproductive Rights, U.S. Legal Program, New York, NY.

For Joseph M. Beck, M.D., President of the Arkansas State Medical Board, and his successors in office, in their official capacity, Omar Atiq, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity, Harold B. Betton, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity, Steven L. Cathey, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity, Jim Citty, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity, Bob Cogburn, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity, William F. Dudding, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity, Roger Harmon, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity, John E. Hearnsberger, II, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity, Verly Hodges, D.O., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity, Scott Pace, Pharm.D., J.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity, John H. Scribner, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity, Sylvia D. Simon, M.D., officer and member of the Arkansas State Medical Board, and her successors in office, in their official capacity, John . Weiss, M.D., officer and member of the Arkansas State Medical Board, and his successors in office, in their official capacity, Defendants - Appellants: Colin Jorgensen, Attorney General's Office, Little Rock, AR.

Curtis James Neeley, Jr., Amicus on Behalf of Appellant(s), Pro se, Fayetteville, AR.

For Women Injured by Abortion, An Abortion Survivor, Amicus on Behalf of Appellant(s): Allan Edward Parker Jr., The Justice Foundation, San Antonio, TX.

For Liberty Council, Inc., Concepts of Truth, Inc., Amicus on Behalf of Appellant(s): Mary Elizabeth McAlister, Liberty Counsel, Lynchburg, VA; Anita Staver, Liberty Counsel, Orlando, FL.

For Physicians for Reproductive Health, National Abortion Federation, Amicus on Behalf of Appellee(s): Claude Gabriel Szyfer, Stroock & Stroock, New York, NY.

For American Public Health Association, Amicus on Behalf of Appellee(s): Courtney M. Dankworth, Shannon R. Selden, Debevoise & Plimpton, New York, NY.

Before SMITH, BENTON, and SHEPHERD, Circuit Judges.

OPINION

Page 1115

PER CURIAM.

The Arkansas State Medical Board (the State) appeals from a summary judgment permanently enjoining certain sections of the Arkansas Human Heartbeat Protection Act. Ark. Code Ann. § § 20-16-1301 to 1307 (2013). Having ...


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