Legal Opinion
Leroy Carhart v. Don Stenberg
Court of Appeals for the Eighth Circuit
Decided September 24, 1999No. 98-3245NE, 98-3300NEPublishedCited by 4 opinions
1Opinion of the Court
RICHARD S. ARNOLD, Circuit Judge.
The State of Nebraska appeals a District Court 3 decision holding a Nebraska statute banning “partial-birth abortion” unconstitutional. The District Court permanently enjoined enforcement of the statute and awarded attorney’s fees and costs to the plaintiff. The County Attorney, named in the lawsuit in his official capacity and as a representative of all county attorneys, appeals the portion of the judgment awarding attorney’s fees against him. For the following reasons, we affirm the judgment of the District Court.
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2Cases cited17 opinions
- Roe v. WadeSupreme Court of the United States · 1973
- Planned Parenthood of Southeastern Pa. v. CaseySupreme Court of the United States · 1992
- Planned Parenthood of Central Missouri v. DanforthSupreme Court of the United States · 1976
- Supreme Court of Virginia v. Consumers Union of the United States, Inc.Supreme Court of the United States · 1980
- Planned Parenthood, Sioux Falls Clinic v. MillerCourt of Appeals for the Eighth Circuit · 1995
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3Cited by4 opinions
- Little Rock Family Planning Services, P.A. v. JegleyCourt of Appeals for the Eighth Circuit · 1999
- The Hope Clinic v. James E. Ryan, Attorney General of Illinois, and Richard K. Devine, State's Attorney of Cook County, Illinois,defendants-Appellants. Dennis D. Christensen v. James E. Doyle, Attorney General of Wisconsin, and Diane M. Nicks, District Attorney for Dane County, WisconsinCourt of Appeals for the Seventh Circuit · 1999
- Hope Clinic v. RyanCourt of Appeals for the Seventh Circuit · 1999
- Leroy H. Carhart, on Behalf of Himself and His Patients Obtaining Abortions v. Donald Stenberg, in His Official Capacity as Attorney General for the State of Nebraska Mike Munch, in His Official Capacity as County Attorney for Sarpy County, and as a Representative of All County Attorneys in Nebraska, Gina Dunning, in Her Official Capacity as Director of Regulation and Licensure of the Nebraska Department of Health and Human Services, and Charles Andrews, M.D., in His Official Capacity as Chief Medical Officer of Nebraska, State of South Carolina State of Idaho State of Louisiana State of Ohio State of Pennsylvania State of Rhode Island State of South Dakota and State of Utah, Amici Curiae, Family Research Council, Amicus Curiae. Leroy H. Carhart, on Behalf of Himself and His Patients Obtaining Abortions v. Donald Stenberg, in His Official Capacity as Attorney General for the State of Nebraska, Mike Munch, in His Official Capacity as County Attorney for Sarpy County, and as a Representative of All County Attorneys in Nebraska, Gina Dunning, in Her Official Capacity as Director of Regulation and Licensure of the Nebraska Department of Health and Human Services and Charles Andrews, M.D., in His Official Capacity as Chief Medical Officer of Nebraska, State of South Carolina State of Idaho State of Louisiana State of Ohio State of Pennsylvania State of Rhode Island State of South Dakota and State of Utah, Amici Curiae, Family Research Council, Amicus CuriaeCourt of Appeals for the Eighth Circuit · 1999