Hern v. Beye

TACHA, Circuit Judge.

Plaintiffs are a physician and three women’s health care facilities that provide abortion services to women in Colorado. They brought this action pursuant to 28 U.S.C. §§ 2201 and 2202 seeking to enjoin defendant Karen Beye, the executive director of Colorado’s Department of Social Services, from enforcing Colo. Const, art. V, § 50, Colo.Rev.Stat. §§ 26-4-105.5, 26-4-512, and 26-15-104.5, and 10 Colo.Code Regs. § 2505-10 (8.733). These provisions forbid the Colorado state government, its agents, or its political subdivisions from funding abortions except to save the life…