Richmond Med. Ctr. for Women v. Herring, No. 03-1821 - U.S. Fourth Circuit
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Richmond Med. Ctr. for Women v. Herring, No. 03-1821

In a challenge to a restriction on late-term abortions, summary judgment for Plaintiff is reversed, where 1) the hypothetical situation posited by Plaintiff did not present a sufficiently frequent circumstance to render the statute wholly unconstitutional for all circumstances; and 2) Plaintiff did not present sufficiently concrete circumstances in which the as-applied challenge could be resolved.

Read Richmond Med. Ctr. for Women v. Herring, No. 03-1821

Appellate Information

Argued:  October 28, 2008

Filed:  June 24, 2009

Judges

Opinion by Judge Niemeyer

Concurrence by Judge Wilkinson

Dissent by Judge Michael

Counsel

For Appellants:

William Eugene Thro, Office of the Attorney General of Virginia, Richmond, VA

Robert F. McDonnell, Attorney General of Virginia, Richmond, VA

Stephen R. McCullough, State Solicitor General, Richmond, VA

William C. Mims, Chief Deputy Attorney General, Richmond, VA

David E. Johnson, Deputy Attorney General, Richmond, VA

Maureen Riley Matsen, Deputy Attorney General, Richmond, VA

For Appellees:

Stephanie Toti, Center for Reproductive Rights, New York, NY

Janet Crepps, Center for Reproductive Rights, New York, NY