United States Eighth Circuit

Summary judgment for plaintiffs, finding Missouri's law criminalizing partial birth abortions unconstitutional, is affirmed where defendant did not introduce any evidence showing there had been a change in the medical authority since the Supreme Court's decision in Stenberg v. Carhart, 530 U.S. 914 (2000).

Appellate Information

• Decided 11/28/2005
• Published 11/28/2005

Judges

• BYE, Circuit Judge., Before LOKEN, Chief Judge, FAGG, and BYE, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James Robert Layton, State Solicitor, Office of the Attorney General, argued, Jefferson City, MO (Michael Pritchett, Assistant Missouri Attorney General, on the brief), for appellant.


• For Appellees:
  
• Dara Klassel, argued, New York, NY (Roger Evans, New York, NY;  Arthur A. Benton II and Jamie Kathryn Lansford, Kansas City, MO, on the brief), for appellees.