Case: Carhart v. Ashcroft

4:03-cv-03385 | U.S. District Court for the District of Nebraska

Filed Date: Oct. 31, 2003

Closed Date: July 26, 2007

Clearinghouse coding complete

Case Summary

This is a case challenging the constitutionality of the Partial-Birth Abortion Act, which Congress passed in 2003. Congress passed this law three years after the Supreme Court in Stenberg v. Carhart struck down a similar Nebraska statute prohibiting intact dilation and evacuation (intact D&E). 530 U.S. 914. Intact D&E is a procedure in which fetal death occurs after the physician partially delivers the fetus, in contrast with the more common type of D&E where fetal death occurs prior to extract…

This is a case challenging the constitutionality of the Partial-Birth Abortion Act, which Congress passed in 2003. Congress passed this law three years after the Supreme Court in Stenberg v. Carhart struck down a similar Nebraska statute prohibiting intact dilation and evacuation (intact D&E). 530 U.S. 914. Intact D&E is a procedure in which fetal death occurs after the physician partially delivers the fetus, in contrast with the more common type of D&E where fetal death occurs prior to extraction. The Stenberg Court held that the Nebraska statute imposed an undue burden on the right to abortion, both because the statute did not contain an exception allowing the procedure in cases where it was necessary to preserve the health of the mother and because the statute was so broad it encompassed a vast majority of late-term abortion procedures. In passing the Partial-Birth Abortion Act challenged in this case, Congress relied on congressional findings that intact D&Es were brutal and inhumane. The act imposed criminal and civil liability on physicians who knowingly performed intact D&Es and included an exception in cases where the procedure was necessary to save the life of a patient but no exception for cases where the procedure was necessary to preserve the health of a patient. 

The plaintiffs, a group of physicians who performed abortion procedures, filed a complaint and moved for a preliminary injunction in the U.S. District Court for the District of Nebraska on October 31, 2003, less than a week before President George W. Bush signed the act into law. The plaintiffs sued the U.S. attorney general in his official capacity under 28 U.S.C. § 2201 (the Declaratory Judgment Act) and Ex Parte Young. Represented by the Center for Reproductive Rights, the plaintiffs sought declaratory and injunctive relief. They claimed that the Partial-Birth Abortion Act imposed an undue burden on the right to abortion by failing to include an exception to protect the health of the patient and by defining “partial-birth abortion” so broadly that the term encompassed pre-viability procedures. The plaintiffs also alleged that the act violated patients’ right to privacy, bodily integrity and autonomy, life, due process, and equal protection under the Fifth Amendment, and that the act was unconstitutionally vague and failed to provide adequate guidelines for physicians. The case was assigned to Judge Richard G. Kopf. 

On November 5, 2003, the day before the act was slated to take effect, Judge Kopf granted the plaintiffs’ motion for a preliminary injunction. 287 F.Supp.2d 1015. Judge Kopf relied on the Supreme Court’s decision in Stenberg to enjoin the defendants from enforcing the act against the plaintiffs. However, he declined to issue a nationwide injunction because similar cases challenging the act were simultaneously being litigated in other jurisdictions.

The plaintiffs filed a supplemental complaint on November 14, 2003, to reflect changes that occurred subsequent to filing their original complaint—namely, that President George W. Bush signed the act on November 5, 2003, and that the act went into effect the next day. Discovery and pretrial motions practice ensued.

The case proceeded to trial. The trial lasted 10 days, beginning on March 29, 2004, and ending on June 2, 2004. Judge Kopf issued an opinion on August 8, 2004, permanently enjoining the defendants from enforcing the act against the plaintiffs. 331 F.Supp.2d 805. First, Judge Kopf held that the act was unconstitutional because it contained no health exception despite substantial medical authority establishing that intact D&Es were sometimes medically necessary and that banning the procedure could significantly endanger women’s health. Second, he held that the specific intent construction of the act—emphasizing that physicians must intend to perform an intact D&E in order to break the law—effectively banned a wide range of common D&E procedures performed without first inducing fetal death by injection. This interpretation would be problematic in light of physician testimony that injections carry risks of infection, bleeding, and death, and that the injections would otherwise be unnecessary. Finally, Judge Kopf held that if no specific intent was required for physicians to break the law, then the act was unconstitutionally vague. Judge Kopf declined to decide whether the act was constitutional when applied to an indisputably viable fetus.  

The defendants appealed to the U.S. Court of Appeals for the Eighth Circuit (04-3379), and Judges James B. Loken, George G. Fagg, and Kermit E. Bye heard oral arguments on April 14, 2005. 

On July 8, 2005, the Eighth Circuit issued an opinion affirming the permanent injunction and holding that the act was unconstitutional under Stenberg because it did not contain a health exception. 413 F.3d 791. The Eighth Circuit did not reach any other questions considered in the district court.

The defendants filed a petition for a writ of certiorari to the Supreme Court on October 3, 2005, and the Court granted certiorari on February 2, 2006 (05-380). The Court heard oral arguments on November 8, 2006, and the Court issued an opinion reversing the permanent injunction on April 18, 2007. 550 U.S. 124. Justice Kennedy wrote for the majority, which included Chief Justice Roberts, Justice Scalia, Justice Thomas, and Justice Alito.

First, the majority of the Court held that the act was not unconstitutionally vague, because it gave physicians clear guidelines outlining prohibited conduct. Second, the Court held that the act did not impose an undue burden on the right to abortion because it prohibited only intact D&Es, as opposed to the act struck down in Stenberg that prohibited all D&Es. The Court emphasized that the purpose of the act was not to create a substantial obstacle to pre-viability, late-term abortions but to protect human life and the reputation of the medical community. Finally, the Court held that the lack of a health exception did not constitute an undue burden because physicians could use alternative abortion procedures and, if no other procedure would protect the patient’s health, the patient could bring an as-applied challenge in court.

Justice Ginsberg wrote a dissent on behalf of herself, Justice Stevens, Justice Breyer, and Justice Souter. The dissent argued that an as-applied legal challenge would be an impractical solution to a medical emergency and that the majority opinion retreated from Court precedent and blurred the lines between pre- and post-viability abortions. 

The case is now closed.

Summary Authors

Laura Irei (2/24/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5672831/parties/carhart-v-ashcroft/


Judge(s)
Attorney for Plaintiff

Crepps, Janet L. (Nebraska)

Attorney for Defendant

Boeshart, Paul D. (Nebraska)

Coppolino, Anthony J. (Nebraska)

Expert/Monitor/Master/Other

Cohen, David S. (Nebraska)

Frietsche, Susan (Nebraska)

show all people

Documents in the Clearinghouse

Document
1

4:03-cv-03385

Complaint

Oct. 31, 2003

Oct. 31, 2003

Complaint
24

4:03-cv-03385

Memorandum And Order

Nov. 5, 2003

Nov. 5, 2003

Order/Opinion

287 F.Supp.2d 287

182

4:03-cv-03385

Memorandum and Order

Sept. 8, 2004

Sept. 8, 2004

Order/Opinion

331 F.Supp.2d 331

4:03-cv-03385

Opinion

Gonzales v. Carhart

Supreme Court of the United States

April 18, 2007

April 18, 2007

Order/Opinion

550 U.S. 550

4:03-cv-03385

Opinion

Carhart v. Gonzales

U.S. Court of Appeals for the Eighth Circuit

April 18, 2007

April 18, 2007

Order/Opinion

413 F.3d 413

4:03-cv-03385

Supplemental Complaint

Nov. 14, 2013

Nov. 14, 2013

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5672831/carhart-v-ashcroft/

Last updated April 30, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Defendant John Ashcroft filed by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, and Jill L. Vibhakar. One summons issued. Receipt #405099 issued in the amount of $150. (Attachment: # 1 E-Mail to Clerk). (RDB) (Entered: 10/31/2003)

Oct. 31, 2003

Oct. 31, 2003

Clearinghouse
2

CIVIL COVER SHEET. (RDB) (Entered: 10/31/2003)

Oct. 31, 2003

Oct. 31, 2003

PACER
3

MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction, filed by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, and Jill L. Vibhakar. (RDB) (Entered: 10/31/2003)

Oct. 31, 2003

Oct. 31, 2003

PACER
4

BRIEF (MEMORANDUM) in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction 3, including Exhibits A, B, and C, filed by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, and Jill L. Vibhakar. (Attachments: # 1 Addendum: Pages 1-33; # 2 Addendum: Pages 34-66). (RDB) (Entered: 10/31/2003)

Oct. 31, 2003

Oct. 31, 2003

PACER
5

DECLARATION OF LEROY H. CARHART, M.D., in support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction 3, with attachments. (RDB) (Entered: 10/31/2003)

Oct. 31, 2003

Oct. 31, 2003

PACER
6

DECLARATION OF WILLIAM G. FITZHUGH, M.D., in support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction 3 . (RDB) (Entered: 10/31/2003)

Oct. 31, 2003

Oct. 31, 2003

PACER
7

DECLARATION OF WILLIAM H. KNORR, M.D., in support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction 3 . (RDB) (Entered: 10/31/2003)

Oct. 31, 2003

Oct. 31, 2003

PACER
8

DECLARATION of JILL L VIBHAKAR, M.D., in support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction 3, with attachment. (RDB) (Entered: 10/31/2003)

Oct. 31, 2003

Oct. 31, 2003

PACER
9

CERTIFICATE OF SERVICE filed by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, and Jill L. Vibhakar, regarding complaint, civil cover sheet, motion, memorandum/brief with addendums, declarations, and proposed order. (RDB) (Entered: 10/31/2003)

Oct. 31, 2003

Oct. 31, 2003

PACER
10

MEMORANDUM AND ORDER that a hearing on the plaintiffs' application for a temporary restraining order 3 is scheduled for 9:00 A.M. on Wednesday, 11/05/2003, in Courtroom #1, Lincoln, Nebraska; and setting out certain directions regarding the hearing to counsel. Signed by Judge Richard G. Kopf on 10/31/2003. (RDB) (Entered: 10/31/2003)

Oct. 31, 2003

Oct. 31, 2003

PACER
11

Summons Issued (COPY) as to defendant John Ashcroft. (JAE, ) (Entered: 11/03/2003)

Oct. 31, 2003

Oct. 31, 2003

PACER
12

SUMMONS Returned Executed upon defendant John Ashcroft on 10/31/2003. (JAE, ) (Entered: 11/03/2003)

Oct. 31, 2003

Oct. 31, 2003

PACER
13

APPLICATION/ORDER admitting pro hac vice Attorney Suzanne Novak for Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar. Signed by Deputy Clerk on 10/31/2003. (JAE, ) (Entered: 11/03/2003)

Oct. 31, 2003

Oct. 31, 2003

PACER
14

APPLICATION/ORDER admitting pro hac vice Attorney Nan E. Strauss for Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar. Signed by Deputy Clerk on 10/31/2003. (JAE, ) (Entered: 11/03/2003)

Oct. 31, 2003

Oct. 31, 2003

PACER
15

APPLICATION/ORDER admitting pro hac vice Attorney Janet Crepps for Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar. Signed by Deputy Clerk on 10/31/2003. (JAE, ) Modified on 11/3/2003 to indicate correct name of attorney (JAE, ). (Entered: 11/03/2003)

Oct. 31, 2003

Oct. 31, 2003

PACER

NOTICE of Docket Text Modification by Deputy Clerk regarding Application/Order Pro Hac Vice, 15 - APPLICATION/ORDER admitting pro hac vice Attorney Janet Crepps for Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar. Signed by Deputy Clerk on 10/31/2003. (JAE, ) Modified on 11/3/2003 to indicate correct name of attorney (JAE, ). (Entered: 11/03/2003) (JAE, )

Nov. 3, 2003

Nov. 3, 2003

PACER
16

ATTORNEY LETTER by Clerk that Attorney Janet Crepps has not registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (JAE, ) (Entered: 11/03/2003)

Nov. 3, 2003

Nov. 3, 2003

PACER
17

ATTORNEY LETTER by Clerk that Attorney Suzanne Novak has not registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (JAE, ) (Entered: 11/03/2003)

Nov. 3, 2003

Nov. 3, 2003

PACER
18

ATTORNEY LETTER by Clerk that Attorney Nan E. Strauss has not registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (JAE, ) (Entered: 11/03/2003)

Nov. 3, 2003

Nov. 3, 2003

PACER
19

BRIEF In Opposition to Motion for Preliminary Injunction, Motion for TRO 3 by Attorney Paul D. Boeshart on behalf of Defendant John Ashcroft (Boeshart, Paul) (Entered: 11/04/2003)

Nov. 4, 2003

Nov. 4, 2003

PACER
20

APPLICATION and ORDER that Attorney Anthony J. Coppolino of the U.S. Department of Justice, Civil Division, is admitted to practice Pro Hac Vice in the District of Nebraska on behalf of Defendant John Ashcroft. Signed by Deputy Clerk on 11/05/2003. (RDB) (Entered: 11/05/2003)

Nov. 5, 2003

Nov. 5, 2003

PACER
21

APPLICATION and ORDER that Attorney Terry M. Henry of the U.S. Department of Justice, Civil Division, is admitted to practice Pro Hac Vice in the District of Nebraska on behalf of Defendant John Ashcroft. Signed by Deputy Clerk on 11/05/2003. (RDB) (Entered: 11/05/2003)

Nov. 5, 2003

Nov. 5, 2003

PACER
22

APPLICATION and ORDER that Attorney Preeya M. Noronha of the U.S. Department of Justice, Civil Division, is admitted to practice Pro Hac Vice in the District of Nebraska on behalf of Defendant John Ashcroft. Signed by Deputy Clerk on 11/05/2003. (RDB) (Entered: 11/05/2003)

Nov. 5, 2003

Nov. 5, 2003

PACER
23

APPLICATION and ORDER that Attorney Andrew I. Warden of the U.S. Department of Justice, Civil Division, is admitted to practice Pro Hac Vice in the District of Nebraska on behalf of Defendant John Ashcroft. Signed by Deputy Clerk on 11/05/2003. (RDB) (Entered: 11/05/2003)

Nov. 5, 2003

Nov. 5, 2003

PACER
24

MEMORANDUM AND ORDER - The request for a temporary restraining order (a part of filing 3 ) is granted. A telephone conference call is scheduled for 11/12/2003 to discuss scheduling of the preliminary injunction hearing. Signed by Judge Richard G. Kopf on 11/05/2003. (RDB) (Entered: 11/05/2003)

Nov. 5, 2003

Nov. 5, 2003

Clearinghouse
25

Minute Entry for proceedings held before Judge Richard G. Kopf Motion Hearing held on 11/5/2003 regarding plaintiffs' MOTION for Temporary Restraining Order 3 ; oral argument held; court grants plaintiffs' motion for temporary restaining order; written order forthcoming. (Court Reporter - Kelly Horsley) (CCB, ) (Entered: 11/05/2003)

Nov. 5, 2003

Nov. 5, 2003

PACER
26

TRANSCRIPT of Proceedings held on November 5, 2003 TRANSCRIPT of Proceedings before Judge Kopf, held on November 5, 2003. Court Reporter: Kelly S. Horsley; Number of Billable Pages: 115. Number of Total Pages: 118 (Horsley, Kelly) (Entered: 11/12/2003)

Nov. 12, 2003

Nov. 12, 2003

PACER
27

MEMORANDUM AND ORDER-(1)For the time being, the court has decided that it will not retain its own experts. (2) By agreement, the temporary restraining order 24 is continued until further order of the court. (3) By agreement, a Non-Jury Trial on the merits is scheduled for ten trial days starting on Monday 3/29/2004 09:00 AM in Courtroom 1 (Lincoln) before Chief Judge Richard G. Kopf. (4) By agreement, Pretrial Conference set for 1.5 hours on Monday, 3/22/2004 10:30 AM in chambers before Chief Judge Richard G. Kopf. (5) By Friday, 11/21/2003 counsel shall jointly submit an agreed progression order for consideration by Chief Judge Richard G. Kopf. If agreement cannot be reached, the parties shall jointly submit such agreement as is possible and an impartial description of those areas for which agreement cannot be reached. Signed by Judge Richard G. Kopf on 11/13/2003. (GJG, ) (Entered: 11/13/2003)

Nov. 13, 2003

Nov. 13, 2003

PACER
28

MOTION to Amend Complaint by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 11/14/2003)

Nov. 14, 2003

Nov. 14, 2003

PACER
29

AMENDED COMPLAINT (Supplemental Complaint) against Defendant John Ashcroft, by Attorney Priscilla J. Smith on behalf of LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 11/14/2003)

Nov. 14, 2003

Nov. 14, 2003

PACER
30

INDEX of Evidentiary Material filed by Attorney Paul D. Boeshart on behalf of Defendant John Ashcroft. CD-ROM IN PDF FORMAT CONTAINING LEGISLATIVE MATERIALS MAINTAINED ON SHELF IN CLERK'S OFFICE. (GJG, ) (Entered: 11/14/2003)

Nov. 14, 2003

Nov. 14, 2003

PACER
31

MEMORANDUM AND ORDER granting 28 Plaintiff's Motion to File a Supplemental Complaint. Plaintiff's Supplemental Complaint 29, which was filed with Plaintiff's Motion, is deemed operative. Signed by Judge Richard G. Kopf on 11/19/2003. (GJG, ) (Entered: 11/19/2003)

Nov. 19, 2003

Nov. 19, 2003

PACER
32

NOTICE of Filing Joint Proposed Order Setting Schedule for Progression of Case by Attorney Preeya M. Noronha on behalf of Defendant John Ashcroft (Attachments: # 1 Text of Proposed Order)(Noronha, Preeya) (Entered: 11/24/2003)

Nov. 24, 2003

Nov. 24, 2003

PACER
33

Certificate of Service Pertaining to Defendant's First Set of Interrogatories and Document Requests to Plaintiffs by Attorney Terry M. Henry on behalf of Defendant John Ashcroft (Henry, Terry) (Entered: 12/01/2003)

Dec. 1, 2003

Dec. 1, 2003

PACER
34

ORDER SETTING SCHEDULE FOR PROGRESSION OF A CIVIL CASE Deposition deadline set for 3/1/2004. Final Pretrial Conference set for 3/22/2004 before Chief Judge Richard G. Kopf. Non-Jury Trial set for 3/29/2004 09:00 AM in Courtroom 1 (Lincoln) before Chief Judge Richard G. Kopf. Signed by Judge Richard G. Kopf on 12/2/2003. (GJG, ) (Entered: 12/02/2003)

Dec. 2, 2003

Dec. 2, 2003

PACER
35

Certificate of Service by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 12/16/2003)

Dec. 16, 2003

Dec. 16, 2003

PACER
36

Certificate of Service by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 12/19/2003)

Dec. 19, 2003

Dec. 19, 2003

PACER
37

Certificate of Service of Defendant's Initial Disclosures by Attorney Terry M. Henry on behalf of Defendant John Ashcroft (Henry, Terry) (Entered: 12/19/2003)

Dec. 19, 2003

Dec. 19, 2003

PACER
38

Certificate of Service of Interrogatories & Document Requests by Attorney Priscilla J. Smith on behalf of Plaintiff LeRoy Carhart (Smith, Priscilla) (Entered: 12/24/2003)

Dec. 24, 2003

Dec. 24, 2003

PACER
39

Answer and Affirmative Defenses to plaintiffs' Supplemental Complaint ANSWER to Amended Complaint by Attorney Andrew I. Warden on behalf of Defendant John Ashcroft (Warden, Andrew) (Entered: 12/30/2003)

Dec. 30, 2003

Dec. 30, 2003

PACER
40

Certificate of Service, Discovery Responses by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 12/31/2003)

Dec. 31, 2003

Dec. 31, 2003

PACER
41

DISCLOSURE of Rule 26(a) Expert Witnesses by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 01/07/2004)

Jan. 7, 2004

Jan. 7, 2004

PACER
42

DISCLOSURE Expert Report of Joel Howell, M.D., Ph.D. by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 01/07/2004)

Jan. 7, 2004

Jan. 7, 2004

PACER
43

DISCLOSURE Expert Report of John Doe, M.D. by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 01/07/2004)

Jan. 7, 2004

Jan. 7, 2004

PACER
44

Certificate of Service for Defendant's Objections to Plaintiff Carhart's First Set of Interrogatories and Requests for Production by Attorney Terry M. Henry on behalf of Defendant John Ashcroft (Henry, Terry) (Entered: 01/08/2004)

Jan. 8, 2004

Jan. 8, 2004

PACER
45

Joint MOTION for Protective Order by Attorney Andrew I. Warden on behalf of Defendant John Ashcroft (Attachments: # 1 Text of Proposed Order Agreed Protective Order# 2 Text of Proposed Order Agreed Protective Order Concerning Individual Identities)(Warden, Andrew) (Entered: 01/08/2004)

Jan. 8, 2004

Jan. 8, 2004

PACER
46

Certificate of Service, Discovery Responses by Attorney Priscilla J. Smith on behalf of Plaintiff William G. Fitzhugh (Smith, Priscilla) (Entered: 01/08/2004)

Jan. 8, 2004

Jan. 8, 2004

PACER
47

MOTION for Protective Order Protecting Witness's Identity by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 01/09/2004)

Jan. 9, 2004

Jan. 9, 2004

PACER
48

DECLARATION regarding MOTION for Protective Order Protecting Witness's Identity 47 of Priscilla J. Smith by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 01/09/2004)

Jan. 9, 2004

Jan. 9, 2004

PACER
49

Certificate regarding MOTION for Protective Order Protecting Witness's Identity 47 Certificate of Service by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 01/09/2004)

Jan. 9, 2004

Jan. 9, 2004

PACER
50

NOTICE of deficiency by Clerk that the Joint MOTION for Protective Order 45 is considered deficient due to no certificate of service. (GJG, ) (Entered: 01/12/2004)

Jan. 12, 2004

Jan. 12, 2004

PACER
51

Joint MOTION for Protective Order including Certificate of Service by Attorney Andrew I. Warden on behalf of Defendant John Ashcroft (Attachments: # 1 Text of Proposed Order Agreed Protective Order# 2 Text of Proposed Order Agreed Protective Order Concerning Individual Identities)(Warden, Andrew) (Entered: 01/12/2004)

Jan. 12, 2004

Jan. 12, 2004

PACER
52

Mail Returned as Undeliverable addressed to Janet L. Creeps regarding Notice of Deficiency 50 . E-mail resent to same address-receivers server problem resolved. (GJG, ) (Entered: 01/14/2004)

Jan. 14, 2004

Jan. 14, 2004

PACER
53

Mail Returned as Undeliverable addressed to Priscilla J. Smith regarding Notice of Deficiency 50, Joint MOTION for Protective Order including Certificate of Service 51 . E-mail resent to same address-receiver's server problem resolved. (Attachments: # 1 E-mail #51) (GJG, ) (Entered: 01/14/2004)

Jan. 14, 2004

Jan. 14, 2004

PACER
54

Mail Returned as Undeliverable addressed to Suzanne Novak regarding Notice of Deficiency 50, Joint MOTION for Protective Order including Certificate of Service 51 . E-mail resent to same address-receiver's server problem resolved. (Attachments: # 1 Email #51) (GJG, ) (Entered: 01/14/2004)

Jan. 14, 2004

Jan. 14, 2004

PACER
55

Mail Returned as Undeliverable addressed to Nan E. Strauss regarding Notice of Deficiency 50, Joint MOTION for Protective Order including Certificate of Service 51 . E-mail resent to same address-receiver's server problem resolved. (Attachments: # 1 E-mail #51) (GJG, ) (Entered: 01/14/2004)

Jan. 14, 2004

Jan. 14, 2004

PACER
56

NOTICE of Defendant's Rule 26(a)(2) Expert Witness Disclosures by Attorney Andrew I. Warden on behalf of Defendant John Ashcroft (Attachments: # 1 Exhibit Expert Report of Kanwaljeet S. Anand# 2 Exhibit Expert Report of Watson Bowes# 3 Exhibit Expert Report of Steven L. Clark# 4 Exhibit Expert Report of Curtis R. Cook# 5 Exhibit Expert Report of Charles J. Lockwood# 6 Exhibit Expert Report of Elizabeth Shadigian# 7 Exhibit Expert Report of M. LeRoy Sprang)(Warden, Andrew) (Entered: 01/19/2004)

Jan. 19, 2004

Jan. 19, 2004

PACER
57

Certificate of Service: Omitted Articles Referenced in Expert Report of Dr. Kanwaljeet Anand by Attorney Andrew I. Warden on behalf of Defendant John Ashcroft (Warden, Andrew) (Entered: 01/21/2004)

Jan. 21, 2004

Jan. 21, 2004

PACER
58

Certificate of Service - Notice of Deposition of Baergen by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 01/21/2004)

Jan. 21, 2004

Jan. 21, 2004

PACER
59

AGREED PROTECTIVE ORDER regarding "protected health information". Signed by Judge Richard G. Kopf on 1/22/2004. (GJG, ) (Entered: 01/22/2004)

Jan. 22, 2004

Jan. 22, 2004

PACER
60

AGREED PROTECTIVE ORDER CONCERNING INDIVIDUAL IDENTITIES Signed by Judge Richard G. Kopf on 1/22/2004. (GJG, ) (Entered: 01/22/2004)

Jan. 22, 2004

Jan. 22, 2004

PACER
61

MEMORANDUM AND ORDER denying as moot 45 Joint Motion for Entry of Protective Order and granting 51 Joint Motion for Entry of Protective Order. Signed by Judge Richard G. Kopf on 1/22/2004. (GJG, ) (Entered: 01/22/2004)

Jan. 22, 2004

Jan. 22, 2004

PACER
62

Certificate of Service of Defendant's Responses to Plaintiff's First Set of Interrogatories and Document Requests by Attorney Terry M. Henry on behalf of Defendant John Ashcroft (Henry, Terry) (Entered: 01/23/2004)

Jan. 23, 2004

Jan. 23, 2004

PACER
63

DISCLOSURE of Rule 26(a)(2) Expert Witnesses - Supplemental by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 01/23/2004)

Jan. 23, 2004

Jan. 23, 2004

PACER
64

DISCLOSURE of Non-Expert Witnesses by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 01/23/2004)

Jan. 23, 2004

Jan. 23, 2004

PACER
65

RESPONSE regarding MOTION for Protective Order Protecting Witness's Identity 47 by Attorney Terry M. Henry on behalf of Defendant John Ashcroft (Henry, Terry) (Entered: 01/23/2004)

Jan. 23, 2004

Jan. 23, 2004

PACER
66

MEMORANDUM AND ORDER Signed by Chief Judge Richard G. Kopf on 1/26/2004 regarding 47 Plaintiffs' Motion for Protective Order; within 10 days, Plaintiffs' counsel shall provide, under seal, additional information to the court describing details about the "serious violent attacks" against Dr. Doe, as referenced in paragraphs 5 and 6 of counsel's Declaration 48 ; plaintiffs' counsel shall provide information to opposing counsel, who shall not disclose such information to anyone other than counsel of record in this case. (BMH) (Entered: 01/26/2004)

Jan. 26, 2004

Jan. 26, 2004

PACER
67

Certificate of Service for Plaintiffs' Supplemental Responses by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 01/29/2004)

Jan. 29, 2004

Jan. 29, 2004

PACER
68

Certificate of Service - Notice of Deposition by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 01/30/2004)

Jan. 30, 2004

Jan. 30, 2004

PACER
69

Certificate of Service - Notice of Deposition of Mazzullo by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 01/30/2004)

Jan. 30, 2004

Jan. 30, 2004

PACER
70

Certificate of Service: Testimony List of Steven L. Clark, M.D. by Attorney Andrew I. Warden on behalf of Defendant John Ashcroft (Warden, Andrew) (Entered: 02/02/2004)

Feb. 2, 2004

Feb. 2, 2004

PACER
71

Certificate of Service - Notices of Depositions by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 02/02/2004)

Feb. 2, 2004

Feb. 2, 2004

PACER
72

Certificate of Service - Cross Notice of Deposition by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 02/02/2004)

Feb. 2, 2004

Feb. 2, 2004

PACER
73

Certificate of Service - Sprang Deposition Notice and Subpoena by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 02/04/2004)

Feb. 4, 2004

Feb. 4, 2004

PACER
74

Certificate of Service for Reply Mot. to Protect by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 02/04/2004)

Feb. 4, 2004

Feb. 4, 2004

PACER
77

MEMORANDUM AND ORDER granting in part and denying in part 47 Motion for Protective Order. (1)Plaintiffs' motion to protect the identity of one witness is granted as provided herein. The witness shall be referred to as "Dr. J. Doe" and his or her identity shall not be disclosed to anyone other than counsel for the parties in this case (and their direct employees)except as subsequently permitted by order of this court. The court will enter a protective order which will include: taking the witness's testimony in camera (unless, by agreement of the parties, a trial deposition attended by the judge would suffice), sealing the expert report, and otherwise prohibiting undue disclosure of the identitity of the witness during discovery, at trial, or after trial. Otherwise the motion is denied without prejudice. (2) The parties shall submit an agreed protective order, or advise the court that they cannot reach agreement on a protective order, by the close of business on Tuesday, February 17, 2004. Any proposed protective order and all related submissions shall be filed under seal unless othewise ordered. (3) This memorandum and order will not be sealed. Signed by Judge Richard G. Kopf on 2/5/2004. (GJG, ) (Entered: 02/05/2004)

Feb. 5, 2004

Feb. 5, 2004

RECAP
78

Certificate of Service-Notices of Depositions and Subpoena by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 02/05/2004)

Feb. 5, 2004

Feb. 5, 2004

PACER
79

Certificate of Service - Notices of Depositions and Subpoenas by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 02/06/2004)

Feb. 6, 2004

Feb. 6, 2004

PACER
80

DISCLOSURE of Defendant's Non-Expert Witnesses by Attorney Andrew I. Warden on behalf of Defendant John Ashcroft (Warden, Andrew) (Entered: 02/06/2004)

Feb. 6, 2004

Feb. 6, 2004

PACER
81

DISCLOSURE of Defendant's Rebuttal Expert Witness by Attorney Andrew I. Warden on behalf of Defendant John Ashcroft (Attachments: # 1 Exhibit Expert Report of George Mazariegos, M.D.)(Warden, Andrew) (Entered: 02/09/2004)

Feb. 9, 2004

Feb. 9, 2004

PACER
82

Certificate of Service-Notice of Deposition and Rule 30(b)(6) Notice by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 02/09/2004)

Feb. 9, 2004

Feb. 9, 2004

PACER
83

DISCLOSURE - Plaintiffs' Rule 26(a)(2) Rebuttal Expert Witness by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Attachments: # 1 Rebuttal Expert Report of Mitchell D. Creinin, M.D.)(Smith, Priscilla) (Entered: 02/09/2004)

Feb. 9, 2004

Feb. 9, 2004

PACER
84

Certificate of Service Pertaining to Defendant's Supplemental Responses to Plaintiff Carhart's First Set of Interrogatories and Document Requests by Attorney Terry M. Henry on behalf of Defendant John Ashcroft (Henry, Terry) (Entered: 02/12/2004)

Feb. 12, 2004

Feb. 12, 2004

PACER
85

Certificate of Service - Notice of Deposition by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 02/12/2004)

Feb. 12, 2004

Feb. 12, 2004

PACER
86

Certificate of Service - Notices of Deposition by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 02/12/2004)

Feb. 12, 2004

Feb. 12, 2004

PACER
87

Certificate of Service - Notice of Deposition by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 02/16/2004)

Feb. 16, 2004

Feb. 16, 2004

PACER
88

Certificate of Service Pertaining to Defendant's Second Supplemental Responses to Plaintiff Carhart's First Set of Interrogatories and Document Requests by Attorney Terry M. Henry on behalf of Defendant John Ashcroft (Henry, Terry) (Entered: 02/17/2004)

Feb. 17, 2004

Feb. 17, 2004

PACER
89

Certificate of Service for Expert Report of Dr. Doe by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 02/18/2004)

Feb. 18, 2004

Feb. 18, 2004

PACER
90

Certificate of Service for Rule 30(b)(6) Deposition Notice by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 02/18/2004)

Feb. 18, 2004

Feb. 18, 2004

PACER
92

MEMORANDUM AND ORDER regarding Motion 47 and Order 77 . Counsel for the parties shall submit an agreed protective order regarding Plaintffs' expert witness Dr. J. Doe, or advise the court that they cannot reach agreement on a protective order, by the close of business on February 25, 2004. Counsel's proposed protective order shall include provisions addressing taking D. Doe's testimony in camera (unless, by agreemnt of the parties, a trial deposition attended by the judge would suffice); sealing the expert report; and otherwise prohibiting undue disclosure of the identity of Dr. Doe during discovery, at trial, or after trial. Any proposed protective order and all related submissions shall be filed under seal unless otherwise ordered. This memorandum and order shall not be sealed. Signed by Judge Richard G. Kopf on 2/19/2004. (GJG, ) (Entered: 02/19/2004)

Feb. 19, 2004

Feb. 19, 2004

PACER
95

Certificate of Service - Subpoena and Notice of Deposition for Mazariegos by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 02/26/2004)

Feb. 26, 2004

Feb. 26, 2004

PACER
96

Joint MOTION to Extend Deadline for Completing Depositions by Attorney Terry M. Henry on behalf of Defendant John Ashcroft (Henry, Terry) (Entered: 02/27/2004)

Feb. 27, 2004

Feb. 27, 2004

PACER
97

Certificate of Service - Carharts Second Supplemental Responses by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 02/27/2004)

Feb. 27, 2004

Feb. 27, 2004

PACER
98

ORDER-The parties have filed a Joint Motion for Extension of Deadline for Completing Depositions 96 . For good cause shown, the parties's motion is granted, and the time for completion of depositions in this case currently set for March 1, 2004, (filing 34 Order Setting Schedule for Progression of a Civil Case) is hereby extended up to and through March 5, 2004, to allow for completion of two depositions that could not be scheduled prior to March 1, 2004. Signed by Judge Richard G. Kopf on 3/1/2004. (GJG, ) (Entered: 03/01/2004)

March 1, 2004

March 1, 2004

PACER
99

Joint MOTION to Extend Time for Exchange of Exhibit Lists and Deposition Designations by Attorney Terry M. Henry on behalf of Defendant John Ashcroft (Henry, Terry) (Entered: 03/08/2004)

March 8, 2004

March 8, 2004

PACER
100

MEMORANDUM AND ORDER granting 99 Joint Motion for extension of time for exchange of exhibit lists and deposition designations. Designations of deposition excerpts are due March 10, 2004 and Lists of exhibits and discovery responses are due March 12, 2004. Signed by Judge Richard G. Kopf on 3/9/2004. (GJG, ) (Entered: 03/09/2004)

March 9, 2004

March 9, 2004

PACER
101

MOTION to Exclude Evidence Regarding Fetal Pain by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Attachments: # 1 Text of Proposed Order on Plaintiffs' Motion to Exclude Evidence Regarding Fetal Pain)(Smith, Priscilla) (Entered: 03/10/2004)

March 10, 2004

March 10, 2004

PACER
102

BRIEF In Support of Plaintiffs Motion to Exclude Evidence Regarding Fetal Pain by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Attachments: # 1 Exhibit A and B# 2 Exhibit C part 1of 3# 3 Exhibit C part 2 of 3# 4 Exhibit C part 3 of 3# 5 Exhibit D part 1 of 3# 6 Exhibit D part 2 of 3# 7 Exhibit D part 3 of 3# 8 Exhibit E part 1 of 3# 9 Exhibit E part 2 of 3# 10 Exhibit E part 3 of 3)(Smith, Priscilla) (Entered: 03/10/2004)

March 10, 2004

March 10, 2004

PACER
103

Certificate of Service pertaining to Plaintiffs Designation of Deposition Testimony by Attorney Priscilla J. Smith on behalf of Plaintiffs LeRoy Carhart, William G. Fitzhugh, William H. Knorr, Jill L. Vibhakar (Smith, Priscilla) (Entered: 03/10/2004)

March 10, 2004

March 10, 2004

PACER
104

Certificate of Service Pertaining to Defendant's Designations of Deposition Excerpts Intended to be Presented at Trial by Attorney Terry M. Henry on behalf of Defendant John Ashcroft (Henry, Terry) (Entered: 03/11/2004)

March 11, 2004

March 11, 2004

PACER

Case Details

State / Territory: Nebraska

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: Oct. 31, 2003

Closing Date: July 26, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of physicians who performed abortion procedures

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Reproductive Rights

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Attorney General of the United States (District of Columbia), Federal

Case Details

Causes of Action:

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2003 - 2007

Issues

Reproductive rights:

Abortion

Criminalization

Method-based abortion procedures

Reproductive health care (including birth control, abortion, and others)