United States Third Circuit

In plaintiff's section 1983 action against city challenging the constitutionality of the ordinance which establishes two different kinds of zones around health care facilities providing abortions, district court's judgment is affirmed in part, reversed in part, vacated in part, dismissed in part, and remanded where: 1) district court's denial of preliminary injunctive relief with respect to plaintiff's facial challenge is reversed; 2) the combination of the ordinance's buffer and bubble zones is invalid but either zone, individually, is valid on its face; 3) district court's denial of preliminary injunctive relief with respect to plaintiff's claim of selective enforcement is affirmed but vacated with respect to her claim that the ordinance is unconstitutional as applied to particular clinic locations; and 4) plaintiff's appeal from the district court's order partially dismissing her complaint is dismissed.

Appellate Information

• Argued 01/29/2009
• Decided 10/30/2009
• Published 10/30/2009

Judges

• Before:  SCIRICA, Chief Judge, AMBRO and SMITH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• David A. Cortman, Esquire (Argued), Joshua B. Bolinger, Esquire, Alliance Defense Fund, Lawrenceville, GA, Benjamin W. Bull, Esquire, Jeremy D. Tedesco, Esquire, Alliance Defense Fund, Scottsdale, AZ, Lawrence G. Paladin, Jr., Esquire, Pittsburgh, PA, for Appellant., Steven W. Fitschen, Esquire, The National Legal Foundation, Virginia Beach, VA, for Amicus Curiae-Appellant, The National Legal Foundation.


• For Appellees:
  
• Yvonne S. Hilton, Esquire (Argued), Michael E. Kennedy, Esquire, George R. Specter, Esquire, City of Pittsburgh Law Department, Pittsburgh, PA, for Appellees.