United States Sixth Circuit

Grant of a permanent injunction against defendant, director of a state department of health, in a challenge brought by an abortion clinic operator to a decision denying it licensing is reversed where: 1) application of a written transfer agreement requirement to plaintiff was not an undue burden under Casey, 2) defendant's ability to grant a waiver from the transfer agreement requirement prevented hospitals from having an unconstitutional third-party veto over plaintiff's license application, however, because defendant violated plaintiff's procedural due process rights by ordering closure of the clinic before a hearing could be held on the proposed denial of the license application, the case is remanded.

Appellate Information

• Decided 02/17/2006
• Published 02/17/2006

Judges

• Before:  GIBBONS and SUTTON, Circuit Judges;  EDGAR, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Diane R. Brey, Office of the Attorney General, Columbus, Ohio, for Appellant.  Alphonse A. Gerhardstein, Laufman & Gerhardstein, Cincinnati, Ohio, for Appellees.   ON BRIEF:  Diane R. Brey, Douglas R. Cole, Stephen P. Carney, Dennis G. Nealon, Winston M. Ford, Office of the Attorney General, Columbus, Ohio, for Appellant.  Alphonse A. Gerhardstein, Jennifer L. Branch, Laufman & Gerhardstein, Cincinnati, Ohio, David C. Greer, Bieser, Greer & Landis, Dayton, Ohio, for Appellees.