Pro-Choice Network of Western New York v. Schenck

OAKES, Senior Circuit Judge,

with whom Chief Judge NEWMAN and Circuit Judges KEARSE, MINER, WALKER, LEVAL, CALABRESI, CABRANES, and PARKER join:

This appeal was reheard in banc to reconsider the constitutionality of two provisions of an injunction issued against abortion clinic protesters. One provision creates fifteen-foot buffer zones around abortion clinic entrances, driveways, vehicles entering clinic driveways, and patients entering or leaving the clinics; two “sidewalk counselors” are allowed in the buffer zones to “counsel” patients as they approach or leave the climes. The second…