Preterm-Cleveland v. Himes, 18-3329
| Decision Date | 13 December 2019 |
| Docket Number | No. 18-3329,18-3329 |
| Citation | 944 F.3d 630 (Mem) |
| Parties | PRETERM-CLEVELAND; Planned Parenthood Southwest Ohio Region; Women’s Med Group Professional Corporation; Roslyn Kade, M.D.; Planned Parenthood of Greater Ohio, Plaintiffs-Appellees, v. Lance HIMES, Director, Ohio Department of Health; Kim G. Rothermel, Secretary, State Medical Board of Ohio ; Bruce R. Saferin, Supervising Member, State Medical Board of Ohio, Defendants-Appellants. |
| Court | U.S. Court of Appeals — Sixth Circuit |
ORDER
A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Sixth Circuit rule 35(b) provides as follows:
The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal.
Accordingly, it is ORDERED, that the previous decision and judgment of this court are vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.
The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument.
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5 cases
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Preterm-Cleveland v. McCloud
...Himes , 940 F.3d 318 (6th Cir. 2019). The full court granted en banc rehearing and vacated the panel opinion. Preterm-Cleveland v. Himes , 944 F.3d 630 (6th Cir. 2019) (en banc).The State claims that the district court erred by deciding the case solely on the proposition that the right to a......
- Doe v. Metro. Gov't of Nashville & Davidson Cnty.
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Memphis Ctr. for Reprod. Health v. Slatery
...Casey. Id., at 323-25. A majority of Sixth Circuit judges subsequently voted for rehearing en banc and vacated the panel opinion. 944 F.3d 630 (6th Cir. 2019). Given the status of this case before the Sixth Circuit, and this Court's conclusion, as discussed below, that Section 217 is uncons......
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Bristol Reg'l Women's Ctr., P.C. v. Slatery
...for en banc review. See, e.g. , Preterm-Cleveland v. Himes , 940 F.3d 318 (6th Cir.), reh'g en banc granted, opinion vacated , 944 F.3d 630 (6th Cir. 2019) (judgment pending). Indeed, this case does not involve an imminent, irreversible event, such as an impending election or execution, whi......
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3 books & journal articles
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THE PRO-LIFE MOVEMENT AT (ALMOST) FIFTY: WHERE DO WE GO FROM HERE?
...v. Himes, 294 F. Supp. 3d 746 (S.D. Ohio 2018), aff'd, 940 F.3d 318 (6th Cir. 2019), op. vacated, pet. for reh'g en banc granted, 944 F.3d 630 (6th Cir. (64.) MKB Mgmt. Corp. v. Burdick, No. 1:13-cv-00071, 2013 U.S. Dist. LEXIS 191752 (D.N.D. Sept. 9, 2013). (65.) In June Medical Services, ......
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A WOMAN'S CHOICE? THE CONSTITUTIONALITY OF DOWN SYNDROME ABORTION BANS AND THE BREAKDOWN OF THE DOCTOR-PATIENT RELATIONSHIP.
...F. Supp. 3d 746, 748-49 (S.D. Ohio 2018). (144.) Preterm-Cleveland v. Himes, 940 F.3d 318 (6th Cir.), vacated and reh'g en banc granted, 944 F.3d 630 (6th Cir. (145.) Id. at 324. (146.) Preterm-Cleveland v. McCloud, 994 F.3d 512 (6th Cir. 2021) (en banc). (147.) Id. at 521. (148.) Id. at 52......
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THE UNDESIRABLES: THE TRANSFORMATION OF AMERICAN EUGENICS FROM STERILIZATION TO ABORTION.
...OHIO REV. CODE ANN. [section] 2919.10 (West 2021). (178.) Preterm-Cleveland v. Himes, 940 F.3d 318, 320 (6th Cir. 2019), rev'd en banc, 944 F.3d 630 (6th Cir. (179.) Preterm-Cleveland, 994 F.3d at 515-16. (180.) Id. at 517-18. (181.) Id. at 520 ("The right to an abortion before viability is......