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EUBANKS v. SCHMIDT

No. CIV.A.3:99CV107H.

126 F.Supp.2d 451 (2000)

Samuel G. EUBANKS, Jr., M.D., et al. Plaintiffs v. C. William SCHMIDT, et al. Defendants

United States District Court, W.D. Kentucky.

December 21, 2000.

Attorney(s) appearing for the Case

Kimberly K. Greene, Dinsmore & Shohl, David A. Friedman, Fernandez, Friedman, Grossman & Kohn, Gary W. Anderson, Louisville, LA, for Plaintiffs.

E.D. Klatte, Office of General Counsel, Cabinet for Health Services, Frankfort, KY, Mark D. Guilfoyle, Richard G. Meyer, Deters, Benginger & LaVelle, Covington, KY, C. Lloyd Vest, II, Kentucky Board of Medical Licensure, LA, for Defendants.

MEMORANDUM OPINION

HEYBURN, District Judge.

This Court now considers whether Kentucky's Abortion Informed Consent Statute, KY. REV. STAT. § 311.725 (Michie Supp. 2000) (the "Informed Consent Statute" or the "Statute") is valid and enforceable under the United States Constitution. The Statute's provisions are similar to the portions of the Pennsylvania law which the Supreme Court upheld in Planned Parenthood of Southeastern Pennsylvania v. Casey,...

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