721 F.3d 264 (4th Cir. 2013), 11-1111, Greater Baltimore Center for Pregnancy Concerns, Inc. v. Mayor and City Council of Baltimore

Docket Nº:11-1111, 11-1185.
Citation:721 F.3d 264, 85 Fed.R.Serv.3d 1400
Opinion Judge:KING, Circuit Judge.
Party Name:GREATER BALTIMORE CENTER FOR PREGNANCY CONCERNS, INCORPORATED, Plaintiff-Appellee, v. MAYOR AND CITY COUNCIL OF BALTIMORE; Stephanie Rawlings-Blake, Mayor of Baltimore, in her Official Capacity; Oxiris Barbot, Baltimore City Health Commissioner, Defendants-Appellants, and St. Brigid's Roman Catholic Congregation Incorporated; Archbishop William E.
Attorney:Suzanne Sangree, City of Baltimore Law Department, Baltimore, Maryland, for Mayor and City Council of Baltimore, Stephanie Rawlings-Blake, Mayor of Baltimore, in her Official Capacity, and Oxiris Barbot, Baltimore City Health Commissioner. David William Kinkopf, Gallagher Evelius & Jones, LLP, Ba...
Judge Panel:Before TRAXLER, Chief Judge, and WILKINSON, NIEMEYER, MOTZ, KING, SHEDD, DUNCAN, AGEE, KEENAN, WYNN, FLOYD, and THACKER, Circuit Judges. Judge KING wrote the majority opinion, in which Chief Judge TRAXLER and Judges MOTZ, DUNCAN, KEENAN, WYNN, FLOYD, and THACKER joined. Judge WILKINSON wrote a di...
Case Date:July 03, 2013
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
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Page 264

721 F.3d 264 (4th Cir. 2013)

85 Fed.R.Serv.3d 1400

GREATER BALTIMORE CENTER FOR PREGNANCY CONCERNS, INCORPORATED, Plaintiff-Appellee,

and

St. Brigid's Roman Catholic Congregation Incorporated; Archbishop William E. Lori, as successor to Archbishop Edwin F. O'Brien, Archbishop of Baltimore, and his successor in office, a corporation sole, Plaintiffs,

v.

MAYOR AND CITY COUNCIL OF BALTIMORE; Stephanie Rawlings-Blake, Mayor of Baltimore, in her Official Capacity; Oxiris Barbot, Baltimore City Health Commissioner, Defendants-Appellants,

and

Olivia Farrow; Baltimore City Health Department, Defendants.

Taunya Lovell Banks, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; C. Christopher Brown, Associate Professor Emeritus of Law, University of Maryland School of Law; Erwin Chemerinsky, Dean and Distinguished Professor of Law, University of California, Irvine School of Law; Robert J. Condlin, Professor of Law, University of Maryland School of Law; Norman Dorsen, Frederick I. and Grace A. Stokes Professor of Law, New York University School of Law; Leigh Goodmark, Associate Professor of Law, University of Baltimore School of Law; Steven P. Grossman, Dean Julius Isaacson Professor of Law, University of Baltimore School of Law; Martin Guggenheim, Fiorello LaGuardia Professor of Clinical Law, New York University School of Law; Deborah Hellman, Professor of Law and Jacob France Research Professor, University of Maryland School of Law; Margaret E. Johnson, Assistant Professor of Law, University of Baltimore School of Law; Kenneth Lasson, Professor of Law, University of Baltimore School of Law; Sylvia A. Law, Elizabeth K. Dollard Professor of Law, Medicine and Psychiatry, New York University School of Law; Susan Paula Leviton, Professor of Law, University of Maryland School of Law; Audrey McFarlane, Professor of Law, University of Baltimore School of Law; Paula A. Monopoli, Professor of Law, University of Maryland School of Law; Burt Neuborne, Inez Milholland Professor of Civil Liberties, New York University School of Law; John T. Nockleby, Professor of Law, Loyola Law School; Helen L. Norton, Associate Professor of Law, University of Colorado School of Law; David A.J. Richards, Edwin D. Webb Professor of Law, New York University School of Law; Elizabeth J. Samuels, Professor of Law, University of Baltimore School of Law; Elizabeth M. Schneider, Rose L. Hoffer Professor of Law, Brooklyn Law School; Jana B. Singer, Professor of Law, University of Maryland School of Law; Barbara Ann White, Professor of Law, University of Baltimore School of Law; Tobias Barrington Wolff, Professor of Law, University of Pennsylvania Law School; Diane L. Zimmerman, Samuel Tilden Professor of Law Emerita, New York University School of Law; International Municipal Lawyers Association; American Medical Women's Association; Robert Blum; Willard Cates, Jr.; Chesapeake Regional Chapter of the Society for Adolescent Health and Medicine; Eric Levey; Maternal and Child Health Access; Nadine Peacock; Physicians for Reproductive Choice and Health; Mark Seigel; Laurie Schwab Zabin; Eva Moore; Catholics for Choice; DC Abortion Fund; Diana Degette; Donna Edwards; Law Students for Reproductive Justice; Carolyn Maloney; Maryland Chapter for the National Organization for Women; Naral Pro-Choice America; Naral Pro-Choice Maryland; National Abortion Federation; National Advocates for Pregnant Women; National Asian Pacific American Women's Forum; Planned Parenthood of Maryland; Mike Quigley; Religious Coalition for Reproductive Choice; Sistersong Women of Color Reproductive Justice Collective; Louise Slaughter; Jackie Speier; Whole Woman'S Health of Baltimore; Women's Law Center of Maryland, Incorporated; Human Rights Watch; Susan Deller Ross, Professor; Elijah Cummings, Amici Supporting Appellants,

Pregnancy Care Organizations Care Net; Heartbeat International, Incorporated; National Institute of Family and Life Advocates; Rocka-My-Baby Pregnancy Crisis Center; Bowie Crofton Pregnancy Clinic, Incorporated; Care Net Pregnancy Center of Frederick; Care Net Pregnancy Center of Southern Maryland; Laurel Pregnancy Center; Rockville Pregnancy Center, Incorporated; American Center for Law and Justice; American Association of Pro-Life Obstetricians and Gynecologists; Christian Medical & Dental Associations; Catholic Medical Association; Helen M. Alvare, Associate Professor of Law, George Mason University School of Law; Robert John Araujo, S.J., John Courtney Murray, S.J. University Professor, Loyola University of Chicago School of Law; Robert F. Cochran, Jr., Louis D. Brandeis Professor of Law, Pepperdine University School of Law; David Dewolf, Professor, Gonzaga University School of Law; Dwight G. Duncan, Professor of Law, University of Massachusetts Dartmouth School of Law; John C. Eastman, Henry Salvatori Professor of Law & Community Service, former Dean, Chapman University School of Law; Scott T. Fitzgibbon, Professor, Boston College Law School; Richard W. Garnett, Associate Dean and Professor of Law, Notre Dame Law School; Bradley P. Jacob, Associate Professor, Regent University School of Law; Drew L. Kershen, Earl Sneed Centennial Professor of Law, University of Oklahoma College of Law; Lynne Marie Kohm, John Brown McCarty Professor of Family Law, Regent University School of Law; Richard S. Myers, Professor of Law, Ave Maria School of Law; Michael Stokes Paulsen, Distinguished University Chair and Professor, University of St. Thomas School of Law; Robert J. Pushaw, James Wilson Endowed Professor of Law, Pepperdine University School of Law; Michael Scaperlanda, Professor of Law, Gene & Elaine Edwards Family Chair in Law, The University of Oklahoma College of Law; Gregory C. Sisk, Pio Cardinal Laghi Distinguished Chair in Law and Professor, University of St. Thomas School of Law; O. Carter Snead, Professor of Law, Notre Dame Law School; Richard Stith, Professor of Law, Valparaiso University School of Law; Timothy J. Tracey, Assistant Professor of Law, Ave Maria School of Law; Lynn D. Wardle, Bruce C. Hafen Professor of Law, J. Reuben Clark Law School, Brigham Young University; The National Legal Foundation, Amici Supporting Appellees.

St. Brigid's Roman Catholic Congregation Incorporated; Archbishop William E. Lori, as successor to Archbishop Edwin F. O'Brien, Archbishop of Baltimore, and his successor in office, a corporation sole, Plaintiffs-Appellants,

and

Greater Baltimore Center for Pregnancy Concerns, Incorporated, Plaintiff,

v.

Mayor and City Council of Baltimore; Stephanie Rawlings-Blake, Mayor of Baltimore, in her Official Capacity; Oxiris Barbot, Baltimore City Health Commissioner, Defendants-Appellees,

and

Olivia Farrow; Baltimore City Health Department, Defendants.

Helen M. Alvare, Associate Professor of Law, George Mason University School of Law; American Center for Law and Justice; American Association of Pro-Life Obstetricians and Gynecologists; Robert John Araujo, S.J., John Courtney Murray, S.J. University Professor, Loyola University of Chicago School of Law; Bowie Crofton Pregnancy Clinic, Incorporated; Care Net Pregnancy Center of Frederick; Care Net Pregnancy Center of Southern Maryland; Christian Medical & Dental Associations; Catholic Medical Association; Robert F. Cochran, Jr., Louis D. Brandeis Professor of Law, Pepperdine University School of Law; David Dewolf, Professor, Gonzaga University School of Law; Dwight G. Duncan, Professor of Law, University of Massachusetts Dartmouth School of Law; John C. Eastman, Henry Salvatori Professor of Law & Community Service, former Dean, Chapman University School of Law; Scott T. Fitzgibbon, Professor, Boston College Law School; Richard W. Garnett, Associate Dean and Professor of Law, Notre Dame Law School; Heartbeat International, Incorporated; Bradley P. Jacob, Associate Professor, Regent University School of Law; Drew L. Kershen, Earl Sneed Centennial Professor of Law, University of Oklahoma College of Law; Lynne Marie Kohm, John Brown McCarty Professor of Family Law, Regent University School of Law; Laurel Pregnancy Center; Richard S. Myers, Professor of Law, Ave Maria School of Law; National Institute of Family and Life Advocates; Michael Stokes Paulsen, Distinguished University Chair and Professor, University of St. Thomas School of Law; Pregnancy Care Organizations Care Net; Robert J. Pushaw, James Wilson Endowed Professor of Law, Pepperdine University School of Law; Rocka-My-Baby Pregnancy Crisis Center; Rockville Pregnancy Center, Incorporated; Michael Scaperlanda, Professor of Law, Gene & Elaine Edwards Family Chair in Law, The University of Oklahoma College of Law; Gregory C. Sisk, Pio Cardinal Laghi Distinguished Chair in Law and Professor, University of St. Thomas School of Law; O. Carter Snead, Professor of Law, Notre Dame Law School; Richard Stith, Professor of Law, Valparaiso University School of Law; Timothy J. Tracey, Assistant Professor of Law, Ave Maria School of Law; Lynn D. Wardle, Bruce C. Hafen Professor of Law, J. Reuben Clark Law School, Brigham Young University; The National Legal Foundation, Amici Supporting Appellants,

Taunya Lovell Banks, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; C. Christopher Brown, Associate Professor Emeritus of Law, University of Maryland School of Law; Erwin Chemerinsky, Dean and Distinguished Professor of Law, University of California, Irvine School of Law; Robert J. Condlin, Professor of Law, University of Maryland School of Law; Norman Dorsen, Frederick I. and Grace A. Stokes Professor of Law, New York University School of Law; Leigh Goodmark, Associate Professor of Law, University of Baltimore School of Law; Steven P. Grossman, Dean Julius Isaacson Professor of Law, University of Baltimore School of Law; Martin Guggenheim, Fiorello LaGuardia Professor of
...

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