Legal Opinion

Summit Medical Associates, P.C. v. Pryor

Court of Appeals for the Eleventh Circuit

Decided July 15, 1999No. 98-6129PublishedCited by 259 opinions

1Opinion of the Court

MARCUS, Circuit Judge:

The central issue raised in this interlocutory appeal is whether Alabama’s Eleventh Amendment sovereign immunity bars this suit in federal court against the Governor, the Attorney General, and the District Attorney challenging the Alabama Partial-Birth Abortion Ban Act of 1997 (“partial-birth abortion statute”) and the Abortion of Viable Unborn Child Act (“post-viability abortion statute”). We hold that Appellees’ challenge to the statutes’ criminal liability provisions falls squarely within the exception to the Eleventh Amendment embodied in Ex parte Young, 209 U.S.…

2Cases cited38 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Papasan v. AllainSupreme Court of the United States · 1986
  3. Ex Parte YoungSupreme Court of the United States · 1908
  4. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  5. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949

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3Cited by259 opinions

  1. Edwards v. Prime, Inc.Court of Appeals for the Eleventh Circuit · 2010
  2. Kinney v. WeaverCourt of Appeals for the Fifth Circuit · 2004
  3. Okpalobi v. FosterCourt of Appeals for the Fifth Circuit · 2001
  4. United States v. KaleyCourt of Appeals for the Eleventh Circuit · 2009
  5. Prado-Steiman Ex Rel. Prado v. BushCourt of Appeals for the Eleventh Circuit · 2000

254 more not listed; retrieve them via the Exa API.

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