United States Sixth Circuit

A preliminary injunction enjoining enforcement of an Ohio statute prohibiting the off-label use of an abortion drug is vacated in part insofar as it prohibits constitutional applications of the law where, although the district court erred in holding that every state which regulates abortion must include a health or life exception, there was no abuse of discretion in a finding that plaintiffs established a strong likelihood of succeeding on the merits of their challenge. (Amended opinion)

Appellate Information

• Decided 04/13/2006
• Published 04/13/2006

Judges

• Before:  MOORE, ROGERS, and McKEAGUE Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Anne Berry Strait, Office of the Attorney General, Charitable Law Section, for Appellants.  Nicole G. Berner, Planned Parenthood Federation of America, Washington, D.C., for Appellees.   ON BRIEF:  Anne Berry Strait, Office of the Attorney General, Charitable Law Section, Columbus, Ohio, Sharon A. Jennings, Holly J. Hunt, Office of the Attorney General of Ohio, Constitutional Offices Section, Columbus, Ohio, for Appellants.  Nicole G. Berner, Planned Parenthood Federation of America, Washington, D.C., Alphonse A. Gerhardstein, Gerhardstein, Branch & Laufman, Cincinnati, Ohio, Roger K. Evans, Mimi Y.C. Liu, Planned Parenthood Federation of America, New York, New York, Jeffrey M. Gamso, American Civil Liberties Union of Ohio Foundation, Cleveland, Ohio, Jessie Hill, Case Western Reserve University School of Law, Cleveland, Ohio, for Appellees.  Peter O. Safir, Kelly A. Falconer, Covington & Burling, Washington, D.C., for Amicus Curiae.