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MKB Mgmt. Corp. v. Stenehjem

United States Court of Appeals, Eighth Circuit

July 22, 2015

MKB Management Corp., doing business as Red River Women's Clinic; Kathryn L. Eggleston, M.D., Plaintiffs - Appellees
v.
Wayne Stenehjem, in his official capacity as Attorney General for the State of North Dakota; Larry Johnson, M.D.; Robert Tanous, D.O.; Kate Larson, P.A.C.; Norman Byers, M.D.; Cory Miller, M.D.; Kayleen Wardner; Gaylord J. Kavlie, M.D.; Kent Martin, M.D.; Kent Hoerauf; Burt L. Riskedahl; Jonathan Haug, M.D.; Genevieve Goven, M.D.; Robert J. Olson, M.D., in their official capacities as members of the North Dakota Board of Medical Examiners, Defendants - Appellants, Birch Burdick, in his official capacity as State Attorney for Cass County, Defendant; Foundation for Moral Law; Lutherans for Life; Women Injured by Abortion; An Abortion Survivor - Dawn Milberger and Sandra Cano; the Former " Mary Doe" of " Doe
v.
Bolton", Amici on Behalf of Appellant(s), American Psychological Association; American Public Health Association; American College of Obstetricians and Gynecologists; Physicians for Reproductive Health; Program for the Study of Reproductive Justice - Information Society Project at the Yale Law School, Amici on Behalf of Appellee(s)

Submitted January 13, 2015

Appeal from United States District Court for the District of North Dakota - Bismarck.

For MKB Management Corp., doing business as: Red River Women's Clinic, Kathryn L. Eggleston, M.D., Plaintiffs - Appellees: David Patrick Brown, Center For Reproductive Rights, U.S. Legal Program, New York, NY; Janet Crepps, Center For Reproductive Rights, Simpsonville, SC; Thomas A. Dickson, Dickson Law Office, Bismarck, ND; Rebecca S. Thiem, Serkland Law Firm, Bismarck, ND.

For Wayne Stenehjem, in his official capacity as Attorney General for the State of North Dakota, Larry Johnson, M.D., Robert Tanous, D.O., Kate Larson, P.A.C., Norman Byers, M.D., Cory Miller, M.D., Kayleen Wardner, Gaylord J. Kavlie, M.D., Kent Martin, M.D., Kent Hoerauf, Burt L. Riskedahl, Jonathan Haug, M.D., Genevieve Goven, M.D., Robert J. Olson, M.D., in their official capacities as members of the North Dakota Board of Medical Examiners, Defendants - Appellants: Douglas Alan Bahr, Solicitor, Attorney General's Office, Bismarck, ND; Ronald F. Fischer, Daniel L. Gaustad, Joseph E. Quinn, Pearson & Christensen, Grand Forks, ND.

For Foundation for Moral Law, Lutherans for Life, Amicus on Behalf of Appellant(s): John Allen Eidsmoe, Foundation For Moral Law, Montgomery, AL.

For Women Injured by Abortion, An Abortion Survivor - Dawn Milberger and Sandra Cano, Amicus on Behalf of, The Former " Mary Doe" of " Doe v. Bolton", Appellant(s): Kathleen Cassidy Goodman, Helotes, TX; Allan Edward Parker Jr., The Justice Foundation, San Antonio, TX.

For American Psychological Association, Amicus on Behalf of Appellee(s): Anna Lumelsky, Wilmer & Cutler, Boston, MA; Kimberly Parker, Wilmer & Hale, Washington, DC.

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

For American College of Obstetricians and Gynecologists, Physicians for Reproductive Health, Amicus on Behalf of Appellee(s): Jennifer J. Arbuse, Jerry H. Goldfeder, Claude Gabriel Szyfer, Stroock & Stroock, New York, NY.

For Program for the Study of Reproductive Justice - Information Society Project at the Yale Law School, Amicus on Behalf of Appellee(s): Priscilla Joyce Smith, Law Offices of Priscilla J. Smith, Brooklyn, NY.

Before SMITH, BENTON, and SHEPHERD, Circuit Judges.

OPINION

SHEPHERD, Circuit Judge.

This case presents the question whether, given the current state of medical science, a state generally may prohibit physicians from aborting unborn children who possess detectable heartbeats. The district court[1] held that it may not. Because United States Supreme ...


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