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RHODE ISLAND MEDICAL SOC. v. WHITEHOUSE

No. C.A. 97-416L.

66 F.Supp.2d 288 (1999)

RHODE ISLAND MEDICAL SOCIETY, Pablo Rodriguez, M.D., Benjamin S. Vogel, M.D., and Planned Parenthood of Rhode Island, Plaintiffs, v. Sheldon WHITEHOUSE, Attorney General of the State of Rhode Island, in his official capacity, Defendant, and Lincoln Almond, Governor of the State of Rhode Island, in his official capacity, Defendant—Intervenor.

United States District Court, D. Rhode Island.

August 30, 1999.

Attorney(s) appearing for the Case

Lynette J. Labinger, Roney & Labinger, Providence, RI, Catherine Weiss, Louise Melling, Caitlin Borgmann, Talcott Camp, ACLU Foundation, New York City, for plaintiffs.

Rebecca Tedford Parington, Attorney General's Office, Providence, RI, Claire J.V. Richards, Office of the Governor, Providence, RI, for defendant.

DECISION AND ORDER

LAGUEUX, Chief Judge.

Attorney General Sheldon Whitehouse and Governor Lincoln Almond ("defendants") undertake a Herculean effort to save Rhode Island's ban on partial birth abortions, R.I.Gen.Laws § 23-4.12 (1996) (the "Act"). Two years ago, this Court opined that the Act appeared presumptively unconstitutional, even with all presumptions applied in favor of the law. That proved true.

The Act sprouted amid a national...

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