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Case: Preterm-Cleveland v. Himes

18-3329 | U.S. District Court for the Southern District of Ohio

Filed Date: Feb. 15, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

Ohio House Bill 214 (“the Act”) was signed into law on December 22, 2017. The Act criminalized performing abortions if the provider knew that one reason for the decision to terminate the pregnancy was a fetal indication of Down syndrome. Three nonprofits, including Planned Parenthood; the owner and operator of a women’s medical center; and a licensed physician (“the plaintiffs”) brought this case in the U.S. District Court for the Southern District of Ohio on February 15, 2018, alleging that th…

Ohio House Bill 214 (“the Act”) was signed into law on December 22, 2017. The Act criminalized performing abortions if the provider knew that one reason for the decision to terminate the pregnancy was a fetal indication of Down syndrome. Three nonprofits, including Planned Parenthood; the owner and operator of a women’s medical center; and a licensed physician (“the plaintiffs”) brought this case in the U.S. District Court for the Southern District of Ohio on February 15, 2018, alleging that the Act violated the right to privacy and autonomy protected by the Fourteenth Amendment to the U.S. Constitution. The plaintiffs, represented by the ACLU, Planned Parenthood, and private counsel, sued the Director of the Ohio Department of Health, four county prosecutors, and officers of the state medical board. They sought injunctive and declaratory relief.

After receiving filings from both parties, District Court Judge Timothy S. Black granted the plaintiffs’ motion for preliminary injunction on March 14, 2018, based on U.S. Supreme Court precedent in Roe v. Wade, 410 U.S. 113 (1973). In response, the defendants filed an appeal in the U.S. Court of Appeals for the Sixth Circuit and the district court stayed litigation. On October 11, 2019, the Sixth Circuit panel affirmed the district court’s decision. 940 F.3d 318 (6th Cir. 2019).

However, the full court granted en banc rehearing and vacated the panel opinion. 944 F.3d 630 (6th Cir. 2019) (en banc). In its April 13, 2021, order, the Sixth Circuit court held that the plaintiffs failed to meet the requirement of showing a likelihood of success as required for a preliminary injunction because the plaintiffs did not show that the state’s interest in protecting people with Down syndrome did not apply prior to viability. As such, the court reversed the district court order granting the plaintiffs’ preliminary injunction. 994 F.3d 512 (6th Cir. 2021).

Over the following two months, the defendants and plaintiffs each filed a motion for judgment on the pleadings in district court on May 27, 2021, and June 17, 2021, respectively. As of June 18, 2022, this case appears to be ongoing.

Summary Authors

Richa Bijlani (6/18/2022)

Related Cases

Preterm-Cleveland v. Attorney General of Ohio, Southern District of Ohio (2019)

Documents in the Clearinghouse

Document
1

1:18-cv-00109

Verified Complaint for Declaratory and Injunctive Relief

Feb. 15, 2018

Feb. 15, 2018

Complaint
28

1:18-cv-00109

Order Granting Plaintiffs’ Motion for Preliminary Injunction

March 14, 2018

March 14, 2018

Order/Opinion

18-3329

Opinion

U. S. Court of Appeals for the Sixth Circuit

Oct. 11, 2019

Oct. 11, 2019

Order/Opinion

18-3329

Opinion

U. S. Court of Appeals for the Sixth Circuit

April 13, 2021

April 13, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/21867/preterm-cleveland-v-amy-acton/

Last updated Nov. 21, 2022, 10:20 a.m.

ECF Number Description Date Link Date / Link
1

Civil Case Docketed. Notice filed by Appellants Lance Himes, Kim G. Rothermel and Bruce R. Saferin. Transcript needed: n. (RGF) [Entered: 04/12/2018 10:02 AM]

April 12, 2018

April 12, 2018

PACER
2

The case manager for this case is: Mr. Roy G. Ford (513) 564-7016 (RGF) [Entered: 04/12/2018 10:17 AM]

April 12, 2018

April 12, 2018

PACER
3

BRIEFING LETTER SENT setting briefing schedule: appellant brief due 05/22/2018;. appellee brief due 06/21/2018; (RGF) [Entered: 04/12/2018 01:47 PM]

April 12, 2018

April 12, 2018

PACER
4

APPEARANCE filed for Appellees Roslyn Kade, Planned Parenthood of Southwest Ohio Region and Women's Medical Professional Corporation by Jennifer L. Branch. Certificate of Service: 04/12/2018. [18-3329] (JLB) [Entered: 04/12/2018 04:14 PM]

April 12, 2018

April 12, 2018

PACER
5

APPEARANCE filed for Appellee Preterm-Cleveland by Alexa Kolbi-Molinas. Certificate of Service: 04/12/2018. [18-3329] (AK) [Entered: 04/12/2018 04:31 PM]

April 12, 2018

April 12, 2018

PACER
6

APPEARANCE filed for Appellees Planned Parenthood of Greater Ohio and Planned Parenthood of Southwest Ohio Region by Carrie Y. Flaxman. Certificate of Service: 04/13/2018. [18-3329] (CYF) [Entered: 04/13/2018 12:07 PM]

April 13, 2018

April 13, 2018

PACER
7

APPEARANCE filed for Appellees Planned Parenthood of Greater Ohio and Planned Parenthood of Southwest Ohio Region by Melissa A. Cohen. Certificate of Service: 04/18/2018. [18-3329] (MC) [Entered: 04/18/2018 10:26 AM]

April 18, 2018

April 18, 2018

PACER
8

APPEARANCE filed for Appellants Lance Himes, Kim G. Rothermel and Bruce R. Saferin by Steven T. Voigt. Certificate of Service: 04/20/2018. [18-3329] (STV) [Entered: 04/20/2018 08:56 AM]

April 20, 2018

April 20, 2018

PACER
9

APPEARANCE filed for Appellants Lance Himes, Kim G. Rothermel and Bruce R. Saferin by Eric E. Murphy. Certificate of Service: 04/20/2018. [18-3329] (EEM) [Entered: 04/20/2018 10:18 AM]

April 20, 2018

April 20, 2018

PACER
10

APPEARANCE filed for Appellants Lance Himes, Kim G. Rothermel and Bruce R. Saferin by Stephen P. Carney. Certificate of Service: 04/24/2018. [18-3329] (SPC) [Entered: 04/24/2018 12:27 PM]

April 24, 2018

April 24, 2018

PACER
11

CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Mr. Eric E. Murphy for Appellants Lance Himes, Kim G. Rothermel and Bruce R. Saferin. Certificate of Service:04/26/2018. [18-3329] (EEM) [Entered: 04/26/2018 01:54 PM]

April 26, 2018

April 26, 2018

PACER
12

TRANSCRIPT ORDER filed - no hearings held in District Court. Filed by Mr. Eric E. Murphy for Lance Himes, Kim G. Rothermel and Bruce R. Saferin. Certificate of Service: 04/26/2018. [18-3329] (EEM) [Entered: 04/26/2018 02:41 PM]

April 26, 2018

April 26, 2018

PACER
13

CORPORATE DISCLOSURE STATEMENT filed by Attorney Ms. Jennifer L. Branch for Appellees Roslyn Kade, Planned Parenthood of Southwest Ohio Region and Women's Medical Professional Corporation Certificate of Service: 04/26/2018. [18-3329] (JLB) [Entered: 04/26/2018 02:49 PM]

April 26, 2018

April 26, 2018

PACER
14

CORPORATE DISCLOSURE STATEMENT filed by Attorney Mr. Eric E. Murphy for Appellants Lance Himes, Kim G. Rothermel and Bruce R. Saferin Certificate of Service: 04/26/2018. [18-3329] (EEM) [Entered: 04/26/2018 03:13 PM]

April 26, 2018

April 26, 2018

PACER
15

APPEARANCE filed for Appellee Preterm-Cleveland by Freda J. Levenson. [18-3329] (FL) [Entered: 05/03/2018 02:08 PM]

May 3, 2018

May 3, 2018

PACER
16

MOTION filed by Mr. Eric E. Murphy for Lance Himes, Kim G. Rothermel and Bruce R. Saferin to extend time to file brief. Certificate of Service: 05/03/2018. [18-3329] (EEM) [Entered: 05/03/2018 02:32 PM]

May 3, 2018

May 3, 2018

PACER
17

RULING LETTER SENT granting motion to extend time to file brief [16] filed by Mr. Eric E. Murphy., resetting briefing schedule: appellant brief now due 06/22/2018. appellee brief now due 07/23/2018. (BSM) [Entered: 05/03/2018 04:05 PM]

May 3, 2018

May 3, 2018

PACER
18

APPEARANCE filed for Appellants Lance Himes, Kim G. Rothermel and Bruce R. Saferin by Tiffany L. Carwile. Certificate of Service: 06/22/2018. [18-3329] (TLC) [Entered: 06/22/2018 03:41 PM]

June 22, 2018

June 22, 2018

PACER
19

APPEARANCE filed for Appellants Lance Himes, Kim G. Rothermel and Bruce R. Saferin by Steven T. Voigt. Certificate of Service: 06/22/2018. [18-3329] (STV) [Entered: 06/22/2018 03:45 PM]

June 22, 2018

June 22, 2018

PACER
20

APPELLANT BRIEF filed by Mr. Steven T. Voigt for Lance Himes, Kim G. Rothermel and Bruce R. Saferin. Certificate of Service:06/22/2018. Argument Request: requested. [18-3329] (STV) [Entered: 06/22/2018 03:48 PM]

June 22, 2018

June 22, 2018

PACER
21

AMICUS APPEARANCE filed for American Center for Law & Justice by Michelle K. Terry. Certificate of Service: 06/29/2018. [18-3329] (MKT) [Entered: 06/29/2018 09:41 AM]

June 29, 2018

June 29, 2018

PACER
22

AMICUS BRIEF filed by Michelle K. Terry, American Center for Law & Justice, with parties' consent.. Certificate of Service:06/29/2018. [18-3329] (MKT) [Entered: 06/29/2018 09:46 AM]

June 29, 2018

June 29, 2018

PACER
23

AMICUS APPEARANCE filed for State of Wisconsin by Misha Tseytlin. Certificate of Service: 06/29/2018. [18-3329] (MT) [Entered: 06/29/2018 05:47 PM]

June 29, 2018

June 29, 2018

PACER
24

AMICUS BRIEF filed by Misha Tseytlin for the State of Wisconsin, with the States of Alabama, Arkansas, Georgia, Idaho, Indiana, Kansas, Louisiana, Nebraska, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia, and the Attorney General of Michigan, federal/state government.. Certificate of Service:06/29/2018. [18-3329] (MT) [Entered: 06/29/2018 06:03 PM]

June 29, 2018

June 29, 2018

PACER
25

MOTION filed by Freda Levenson for Preterm-Cleveland to extend time to file brief. Certificate of Service: 07/02/2018. [18-3329] (FL) [Entered: 07/02/2018 04:01 PM]

July 2, 2018

July 2, 2018

PACER
26

RULING LETTER SENT GRANTING APPELLEE'S motion to extend time to file brief [25] filed by Freda Levenson., resetting briefing schedule: ALL appellee briefs are now due 08/22/2018. (RGF) [Entered: 07/03/2018 11:13 AM]

July 3, 2018

July 3, 2018

PACER
27

LETTER filed by Ms. Beatrice Jessie Hill for Preterm-Cleveland communicating dates of unavailability for oral argument: Wednesday, Oct. 3; Monday, Oct. 15; Tuesday, Oct. 16. Certificate of Service: 07/05/2018. [18-3329] (BJH) [Entered: 07/05/2018 01:32 PM]

July 5, 2018

July 5, 2018

PACER
28

JOINT APPELLEE BRIEF filed by Ms. Jennifer L. Branch, B. Jessie Hill, Alexa Kolbi-Molinas, Carrie Y. Flaxman, Melissa Cohen and Freda J. Levenson on behalf of all appellees. Certificate of Service:08/22/2018. Argument Request: requested. [18-3329]--[Edited 08/30/2018 by YH]--[Edited 08/30/2018 by YH] (JLB) [Entered: 08/22/2018 03:19 PM]

Aug. 22, 2018

Aug. 22, 2018

PACER
29

MOTION filed by Ms. Tiffany L. Carwile for Lance Himes, Kim G. Rothermel and Bruce R. Saferin to extend time to file brief. Certificate of Service: 08/24/2018. [18-3329] (TLC) [Entered: 08/24/2018 11:22 AM]

Aug. 24, 2018

Aug. 24, 2018

PACER
30

RULING LETTER SENT GRANTING APPELLANT'S motion to extend time to file REPLY brief [29] filed by Ms. Tiffany L. Carwile. REPLY brief is now due on or before September 19, 2018. (RGF) [Entered: 08/24/2018 03:34 PM]

Aug. 24, 2018

Aug. 24, 2018

PACER
31

AMICUS APPEARANCE filed for Kristin Boggs, Janine Boyd, Nick Celebrezze, Kathleen Clyde, Hercel Craig, Theresa Fordor, Tavia Galonski, Staphanie Howse, Catherine Ingraham, Brigid Kelly, Davil Leland, Dan Ramos, Kent Smith, Fred Strahorn, Emilia Sykes, Thomas West, Joe Schiavoni, +4 by Elise Porter. Certificate of Service: 08/28/2018. [18-3329] (EWP) [Entered: 08/28/2018 02:46 PM]

Aug. 28, 2018

Aug. 28, 2018

PACER
32

AMICUS BRIEF filed by Elise Porter on behalf of Kristin Boggs, Janine Boyd, Nick Celebrezze, Kathleen Clyde, Hercel Craig, Teresa Fedor, Tavia Galonski, Stephanie Howse, Catherine Ingram, Brigid Kelly, David Leland, Dan Ramos, Kent Smith, Fred Strahorn, Emilia Sykes, Thomas West, and Senators Joe Schiavoni, Vernon Sykes, Charleta Tavares, Cecil Thomas, and Sandra Williams, with parties' consent.. Certificate of Service:08/28/2018. [18-3329] (EWP) [Entered: 08/28/2018 03:37 PM]

Aug. 28, 2018

Aug. 28, 2018

PACER
33

AMICUS BRIEF filed by Justine Lara Konicki, Esq. on behalf of Ashley Meier Barlow, Holly Christensen, Kathleen Ferrara, Catherine Green, Jen Franklin Kearns, Victoria Margroum, and Dawn Thornton, with parties' consent.. Certificate of Service:08/28/2018. [18-3329] (JLK) [Entered: 08/28/2018 03:38 PM]

Aug. 28, 2018

Aug. 28, 2018

PACER
34

AMICUS APPEARANCE filed for Ashley Meier Barlow, Holly Christensen, Kathleen Ferrara, Catherine Green, Jen Franklin Kearns, Victoria Margroum, and Dawn Thornton by Justine Lara Konicki. Certificate of Service: 08/29/2018. [18-3329] (JLK) [Entered: 08/29/2018 10:31 AM]

Aug. 29, 2018

Aug. 29, 2018

PACER
36

NOTIFICATION filed by Ms. Justine Lara Konicki for Ashley Meier Barlow, Holly Christensen, Kathleen Ferrara, Catherine Green, Jen Franklin Kearns, Victoria Margroum and Dawn Thornton regarding Disclosure of Corporate Affiliations and Financial Interest. Certificate of Service: 08/29/2018. [18-3329] (JLK) [Entered: 08/29/2018 01:28 PM]

Aug. 29, 2018

Aug. 29, 2018

PACER
37

**** DEFECTIVE ENTRY - See deficieny notice [39] **** AMICUS APPEARANCE filed for Biomedical Ethicists by Brandon D. Harper. Certificate of Service: 08/29/2018. [18-3329]--[Edited 08/30/2018 by JE] (BDH) [Entered: 08/29/2018 07:18 PM]

Aug. 29, 2018

Aug. 29, 2018

PACER
38

AMICUS BRIEF filed by Brandon D. Harper on behalf of Biomedical Ethicists, with parties' consent. Certificate of Service:08/29/2018. [18-3329]--[Edited 08/30/2018 by JE] (BDH) [Entered: 08/29/2018 07:30 PM]

Aug. 29, 2018

Aug. 29, 2018

PACER
39

DEFICIENCY NOTICE: The amicus appearance form, [37], filed by Mr. Brandon D. Harper for Biomedical Ethicists is deficient for the reason noted on the attached checklist. Deficiency to be corrected by 09/06/2018. (JE) [Entered: 08/30/2018 09:08 AM]

Aug. 30, 2018

Aug. 30, 2018

PACER
40

AMICUS APPEARANCE filed for Amicus Curiae Biomedical Ethicists by Brandon D. Harper. Certificate of Service: 08/30/2018. [18-3329] (BDH) [Entered: 08/30/2018 10:03 AM]

Aug. 30, 2018

Aug. 30, 2018

PACER
41

AMICUS APPEARANCE filed for Amicus Curiae CA by Ronald H. Lee. Certificate of Service: 08/30/2018. [18-3329] (RHL) [Entered: 08/30/2018 11:55 AM]

Aug. 30, 2018

Aug. 30, 2018

PACER
42

MOTION filed by Mr. Ronald H. Lee for CA to extend time to file brief. Certificate of Service: 08/30/2018. [18-3329] (RHL) [Entered: 08/30/2018 12:12 PM]

Aug. 30, 2018

Aug. 30, 2018

PACER
43

AMICUS BRIEF filed by Mr. Ronald H. Lee for CA, federal/state government.. Certificate of Service:08/30/2018. [18-3329]--[Edited 08/30/2018 by JE] (RHL) [Entered: 08/30/2018 12:23 PM]

Aug. 30, 2018

Aug. 30, 2018

PACER
44

APPEARANCE filed for Appellee Preterm-Cleveland by Beatrice Jessie Hill. Certificate of Service: 08/30/2018. [18-3329] (BJH) [Entered: 08/30/2018 06:23 PM]

Aug. 30, 2018

Aug. 30, 2018

PACER
45

REPLY BRIEF filed by Attorney Mr. Steven T. Voigt for Appellants Lance Himes, Kim G. Rothermel and Bruce R. Saferin Certificate of Service:09/19/2018. [18-3329] (STV) [Entered: 09/19/2018 01:56 PM]

Sept. 19, 2018

Sept. 19, 2018

PACER
46

ORAL ARGUMENT SCHEDULED for 9:00 a.m. (Eastern Time) on Wednesday, January 30, 2019. (LTK) [Entered: 12/13/2018 01:49 PM]

Dec. 13, 2018

Dec. 13, 2018

PACER
47

Oral argument acknowledgment filed by Attorney Ms. Beatrice Jessie Hill for Appellee Preterm-Cleveland. Certificate of Service: 12/14/2018. [18-3329] (BJH) [Entered: 12/14/2018 11:39 AM]

Dec. 14, 2018

Dec. 14, 2018

PACER
48

Oral argument acknowledgment filed by Attorney Mr. Steven T. Voigt for Appellants Lance Himes, Kim G. Rothermel and Bruce R. Saferin. Certificate of Service: 12/21/2018. [18-3329] (STV) [Entered: 12/21/2018 04:07 PM]

Dec. 21, 2018

Dec. 21, 2018

PACER
49

APPEARANCE filed for Appellants Lance Himes, Kim G. Rothermel and Bruce R. Saferin by Benjamin Flowers. Certificate of Service: 01/14/2019. [18-3329] (BMF) [Entered: 01/14/2019 04:38 PM]

Jan. 14, 2019

Jan. 14, 2019

PACER
50

DEFICIENCY NOTICE: The appearance form, [49], filed by Mr. Benjamin Michael Flowers for Lance Himes, Kim G. Rothermel and Bruce R. Saferin is deficient for the reason noted on the attached checklist. Deficiency to be corrected by 01/22/2019. (RGF) [Entered: 01/14/2019 04:51 PM]

Jan. 14, 2019

Jan. 14, 2019

PACER
51

Oral argument acknowledgment filed by Attorney Mr. Benjamin Michael Flowers for Appellants Lance Himes, Kim G. Rothermel and Bruce R. Saferin. Certificate of Service: 01/15/2019. [18-3329] (BMF) [Entered: 01/15/2019 10:39 AM]

Jan. 15, 2019

Jan. 15, 2019

PACER
52

NOTIFICATION filed by Ms. Elise W. Porter for Kristin Boggs, Janine Boyd, Nick Celebrezze, Kathleen Clyde, Hercel Craig, Teresa Fedor, Tavia Galonski, Stephanie Howse, Catherine Ingram, Brigid Kelly, David Leland, Dan Ramos, Joe Schiavoni, Kent Smith, Fred Strahorn, Emilia Sykes, Vernon Sykes, Charleta Tavares, Cecil Thomas, Thomas West and Sandra Williams regarding Notice of Change of Caption. Certificate of Service: 01/24/2019. [18-3329] (EWP) [Entered: 01/24/2019 12:17 PM]

Jan. 24, 2019

Jan. 24, 2019

PACER
53

ORDER filed GRANTING amicus curiae motion for the State of California to extend time to file brief [42] filed by Mr. Ronald H. Lee. Entered by order of the court. (RGF) [Entered: 01/25/2019 02:42 PM]

Jan. 25, 2019

Jan. 25, 2019

PACER
54

AMICUS APPEARANCE filed for Amicus Curiae MI State of Michigan by Fadwa A. Hammoud. Certificate of Service: 01/29/2019. [18-3329] (FAH) [Entered: 01/29/2019 01:38 PM]

Jan. 29, 2019

Jan. 29, 2019

PACER
55

NOTIFICATION filed by Fadwa A. Hammoud for MI regarding Notice to Withdraw the State of Michigan from June 29, 2018 amicus brief in support of defendants-appellants. Certificate of Service: 01/29/2019. [18-3329] (FAH) [Entered: 01/29/2019 03:26 PM]

Jan. 29, 2019

Jan. 29, 2019

PACER
56

CAUSE ARGUED by Mr. Benjamin Michael Flowers for Appellants Lance Himes, Kim G. Rothermel and Bruce R. Saferin and Ms. Beatrice Jessie Hill for Appellee Preterm-Cleveland before Cole, Chief Circuit Judge; Batchelder, Circuit Judge and Donald, Circuit Judge. (KSC) [Entered: 01/30/2019 12:20 PM]

Jan. 30, 2019

Jan. 30, 2019

PACER
57

MOTION filed by Mr. Benjamin Michael Flowers for Lance Himes, Kim G. Rothermel and Bruce R. Saferin for Eric Murphy and Steve Voigt to withdraw as counsel for Appellants. Certificate of Service: 03/01/2019. [18-3329] (BMF) [Entered: 03/01/2019 02:12 PM]

March 1, 2019

March 1, 2019

PACER
58

ORDER filed granting APPELLANT'S motion for Eric Murphy and Steve Voigt to withdraw as counsel. R. Guy Cole, Jr., Alice M. Batchelder, and Bernice Bouie Donald, Circuit Judges. (RGF) [Entered: 03/07/2019 12:24 PM]

March 7, 2019

March 7, 2019

PACER
59

APPEARANCE filed for Amicus Curiae WI by Karla Z. Keckhaver. Certificate of Service: 03/15/2019. [18-3329] (KZK) [Entered: 03/15/2019 01:59 PM]

March 15, 2019

March 15, 2019

PACER
60

NOTIFICATION filed by Ms. Karla Z. Keckhaver for WI regarding Notice of Withdrawal of the State of Wisconsin from the June 29, 2018 Amicus Brief in Support of Defendants-Appellants. Certificate of Service: 03/15/2019. [18-3329] (KZK) [Entered: 03/15/2019 03:46 PM]

March 15, 2019

March 15, 2019

PACER
61

AMICUS APPEARANCE filed for State of West Virginia, Amicus Curiae, Lead Counsel by Lindsay Sara See. Certificate of Service: 04/16/2019. [18-3329] (LSS) [Entered: 04/16/2019 01:31 PM]

April 16, 2019

April 16, 2019

PACER
62

AMICUS APPEARANCE filed for Amicus Curiae CA by Anna Rich. Certificate of Service: 04/25/2019. [18-3329] (AR) [Entered: 04/25/2019 07:48 PM]

April 25, 2019

April 25, 2019

PACER
63

ADDITIONAL CITATION filed by Mr. Benjamin Michael Flowers for Lance Himes, Kim G. Rothermel and Bruce R. Saferin. Certificate of Service: 05/28/2019. [18-3329] (BMF) [Entered: 05/28/2019 11:57 AM]

May 28, 2019

May 28, 2019

PACER
64

ADDITIONAL CITATION filed by Ms. Beatrice Jessie Hill for Preterm-Cleveland. Certificate of Service: 05/29/2019. [18-3329] (BJH) [Entered: 05/29/2019 11:42 AM]

May 29, 2019

May 29, 2019

PACER
65

OPINION and JUDGMENT filed : We AFFIRM the district court. Decision for publication. R. Guy Cole, Jr., Chief Circuit Judge; Alice M. Batchelder (DISSENTING) and Bernice Bouie Donald (AUTHORING), Circuit Judges. (ANH) [Entered: 10/11/2019 10:40 AM]

Oct. 11, 2019

Oct. 11, 2019

PACER
66

PETITION for en banc rehearing filed by Mr. Benjamin Michael Flowers for Lance Himes, Kim G. Rothermel and Bruce R. Saferin. Certificate of Service: 10/25/2019. [18-3329] (BMF) [Entered: 10/25/2019 08:51 AM]

Oct. 25, 2019

Oct. 25, 2019

PACER
67

APPEARANCE filed for Amici Curiae IN, KY, AL, AK, AR, GA, KS, LA, MO, OK, SC, SD, TN, TX, UT and WV by Thomas M. Fisher. Certificate of Service: 11/01/2019. [18-3329] (TMF) [Entered: 11/01/2019 05:29 PM]

Nov. 1, 2019

Nov. 1, 2019

PACER
68

AMICUS BRIEF filed by IN, KY, AL, AK, AR, GA, KS, LA, MO, OK, SC, SD, TN, TX, UT and WV Thomas M. Fisher, federal/state government. Certificate of Service:11/01/2019. [18-3329].--[Edited 11/04/2019 by BLH] (TMF) [Entered: 11/01/2019 05:34 PM]

Nov. 1, 2019

Nov. 1, 2019

PACER
70

LETTER SENT to Ms. Beatrice Jessie Hill for Preterm-Cleveland, notifying that she is directed to respond to the petition for en banc rehearing filed by Mr. Benjamin Michael Flowers. Response due 11/20/2019. (BLH) [Entered: 11/06/2019 12:16 PM]

Nov. 6, 2019

Nov. 6, 2019

PACER
71

RESPONSE in opposition filed regarding a petition for en banc rehearing, [66]; previously filed by Mr. Benjamin Michael Flowers for Lance Himes, Kim G. Rothermel and Bruce R. Saferin. Response from Attorney Ms. Beatrice Jessie Hill for Appellee Preterm-Cleveland Certificate of Service:11/20/2019. [18-3329] (BJH) [Entered: 11/20/2019 04:48 PM]

Nov. 20, 2019

Nov. 20, 2019

PACER
72

MOTION filed by Mr. Benjamin Michael Flowers for Lance Himes, Kim G. Rothermel and Bruce R. Saferin for Leave to File a Reply in Support of En Banc Review and Reply in Support of En Banc Review Certificate of Service: 11/21/2019. [18-3329] (BMF) [Entered: 11/21/2019 08:21 AM]

Nov. 21, 2019

Nov. 21, 2019

PACER
73

MOTION filed by Mr. Benjamin Michael Flowers for Lance Himes, Kim G. Rothermel and Bruce R. Saferin for Leave to File A Reply in Support of En Banc Review Certificate of Service: 11/21/2019. [18-3329] (BMF) [Entered: 11/21/2019 08:48 AM]

Nov. 21, 2019

Nov. 21, 2019

PACER
74

TENDERED reply in support of en banc review. Received from Attorney Mr. Benjamin Michael Flowers for Appellants Lance Himes, Kim G. Rothermel and Bruce R. Saferin. (BLH) [Entered: 11/21/2019 08:51 AM]

Nov. 21, 2019

Nov. 21, 2019

PACER
75

ORDER filed: Upon consideration of the appellants' motion for leave to file a reply in support of en banc review [73], It is ORDERED that the motion be and it hereby is GRANTED. Entered by order of the court. (BLH) [Entered: 11/21/2019 10:00 AM]

Nov. 21, 2019

Nov. 21, 2019

PACER
76

REPLY filed by Mr. Benjamin Michael Flowers for Lance Himes, Kim G. Rothermel and Bruce R. Saferin in support of en banc review. Certificate of Service: 11/21/2019. (BLH) [Entered: 11/21/2019 10:05 AM]

Nov. 21, 2019

Nov. 21, 2019

PACER
77

ORDER filed: The petition for en banc rehearing [66] is GRANTED. R. Guy Cole, Jr., Chief Judge; Karen Nelson Moore, Eric L. Clay, Julia Smith Gibbons, Jeffrey S. Sutton, Richard Allen Griffin, Raymond M. Kethledge, Helene N. White, Jane Branstetter Stranch, Bernice Bouie Donald, Amul R. Thapar, John K. Bush, Joan L. Larsen, John B. Nalbandian, and Chad A. Readler, Circuit Judges. *Pursuant to the correction letter of 12/17/19 (R 79), the order attached to this entry has been corrected.--[Edited 12/13/2019 by CL]--[Edited 12/17/2019 by CL] (CL) [Entered: 12/13/2019 04:09 PM]

Dec. 13, 2019

Dec. 13, 2019

PACER
78

BRIEFING LETTER SENT setting briefing schedule: supplemental appellant brief due 01/13/2020; supplemental appellee brief due 02/12/2020; The supplemental briefs shall not exceed twenty-five (25) pages. Should the appellant wish to file a reply brief, not to exceed twelve (12) pages, it is due no later than February 21, 2020. The en banc hearing is scheduled for reargument on March 11, 2020. (CL) [Entered: 12/13/2019 04:30 PM]

Dec. 13, 2019

Dec. 13, 2019

PACER
79

ORDER CORRECTION LETTER sent indicating a revision to the published order filed 12/13/2019. Judge Batchelder's name has been stricken from the listing of the en banc court. (CL) [Entered: 12/17/2019 10:42 AM]

Dec. 17, 2019

Dec. 17, 2019

PACER
80

EN BANC ORAL ARGUMENT SCHEDULED for 1:30 p.m. (Eastern Time) on Wednesday, March 11, 2020. (JRH) [Entered: 01/08/2020 03:37 PM]

Jan. 8, 2020

Jan. 8, 2020

PACER
81

Oral argument acknowledgment filed by Attorney Mr. Benjamin Michael Flowers for Appellants Lance Himes, Kim G. Rothermel and Bruce R. Saferin. Certificate of Service: 01/08/2020. [18-3329] (BMF) [Entered: 01/08/2020 04:23 PM]

Jan. 8, 2020

Jan. 8, 2020

PACER
82

Oral argument acknowledgment filed by Attorney Ms. Beatrice Jessie Hill for Appellee Preterm-Cleveland. Certificate of Service: 01/08/2020. [18-3329] (BJH) [Entered: 01/08/2020 05:02 PM]

Jan. 8, 2020

Jan. 8, 2020

PACER
83

SUPPLEMENTAL BRIEF filed by Attorney Mr. Benjamin Michael Flowers for Appellants Amy Acton, Kim G. Rothermel and Bruce R. Saferin. Certificate of Service:01/13/2020. [18-3329] (BMF) [Entered: 01/13/2020 09:03 AM]

Jan. 13, 2020

Jan. 13, 2020

PACER
84

AMICUS APPEARANCE filed for Amicus Curiae Biomedical Ethicists by Chris A. Hollinger. Certificate of Service: 01/17/2020. [18-3329] (CH) [Entered: 01/17/2020 11:56 AM]

Jan. 17, 2020

Jan. 17, 2020

PACER
85

SUPPLEMENTAL AMICUS BRIEF filed by AL, AK, AR, GA, IN, KS, KY, LA, MO, OK, SC, TN, TX, UT and WV Thomas M. Fisher, State of Idaho, State of Mississippi, State of Nebraska, federal/state government. Certificate of Service:01/21/2020. [18-3329]--[Edited 01/21/2020 by RGF] (TMF) [Entered: 01/21/2020 03:02 PM]

Jan. 21, 2020

Jan. 21, 2020

PACER
86

AMICUS APPEARANCE filed for United States of America by Eric S. Dreiband. Certificate of Service: 01/21/2020. [18-3329] (ESD) [Entered: 01/21/2020 04:24 PM]

Jan. 21, 2020

Jan. 21, 2020

PACER
87

AMICUS APPEARANCE filed for United States of America by Alexander V. Maugeri. Certificate of Service: 01/21/2020. [18-3329] (AVM) [Entered: 01/21/2020 04:29 PM]

Jan. 21, 2020

Jan. 21, 2020

PACER
88

DEFICIENCY NOTICE: The appearance form, [87], filed by Mr. Eric S. Dreiband for USA is deficient for the reason noted on the attached checklist. Deficiency to be corrected by 01/28/2020. (RGF) [Entered: 01/21/2020 04:31 PM]

Jan. 21, 2020

Jan. 21, 2020

PACER
89

AMICUS APPEARANCE filed for Amicus Curiae USA by Thomas E. Chandler. Certificate of Service: 01/21/2020. [18-3329] (TEC) [Entered: 01/21/2020 04:34 PM]

Jan. 21, 2020

Jan. 21, 2020

PACER
90

AMICUS BRIEF filed by USA, federal/state government. Certificate of Service:01/21/2020. [18-3329] (ESD) [Entered: 01/21/2020 04:40 PM]

Jan. 21, 2020

Jan. 21, 2020

PACER
91

Amicus MOTION filed by Mr. Eric S. Dreiband for USA requesting leave for an Amicus to appear at oral argument. Certificate of Service: 02/04/2020. [18-3329] (ESD) [Entered: 02/04/2020 11:55 AM]

Feb. 4, 2020

Feb. 4, 2020

PACER
92

ORDER filed: Upon consideration of the motion of Amicus Curiae United States of America, for leave to appear at oral argument [91], It is ORDERED that the motion is GRANTED. Oral argument time is enlarged to 25 minutes per side. The United States of America is permitted to argue 5 minutes of defendants-appellants’ time. Entered by order of the court. (BLH) [Entered: 02/06/2020 10:43 AM]

Feb. 6, 2020

Feb. 6, 2020

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: Feb. 15, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three nonprofits, including Planned Parenthood, the owner and operator of a women’s medical center, and a licensed physician

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Director, State

Prosecutor (Hamilton), County

Prosecutor (Cuyahoga), County

Prosecutor (Franklin), County

Secretary, State

Supervising Member, State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

None yet

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

Physician-only abortion laws

Undue Burden

General:

Abortion

Mental Disability:

Down syndrome