11-4062 planned parenthood v dewine- motion to file amicus brief by u s members of congress

8/3/2019 11-4062 Planned Parenthood v DeWine- Motion to File Amicus Brief by U S Members of Congress

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Nos. 11-4062

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT______________________________________

PLANNED PARENTHOOD SOUTHWEST OHIO REGION, et al.,

Plaintiffs-Appellants,

v.

MIKE DEWINE, Attorney General of Ohio, et al.,

Defendants-Appellees.______________________________________

On Appeal from the Southern District of Ohio, No. 04-00493

______________________________________

MOTION FOR LEAVE TO FILEAMICUS CURIAEBRIEF OF

SPEAKER OF THE U.S. HOUSE OF REPRESENTATIVES JOHN

BOEHNER, U.S. SENATOR TOM COBURN, M.D., AND U.S.REPRESENTATIVES STEVE AUSTRIA, DAN BENISHEK, M.D., DIANE

BLACK, R.N., CHARLES BOUSTANY, M.D., PAUL BROUN, M.D., BILL

CASSIDY, M.D., STEVE CHABOT, JOHN FLEMING, M.D., BOB GIBBS,

ANDY HARRIS, M.D., BILL JOHNSON, JIM JORDAN, ROBERT LATTA,

JEAN SCHMIDT, STEVE STIVERS, AND PAT TIBERI,

IN SUPPORT OF DEFENDANTS-APPELLEES AND

AFFIRMATION OF THE SOUTHERN DISTRICT OF OHIO

______________________________________

Mailee R. SmithAmericans United for Life655 15th St NW, Suite 410

Washington, DC 20005

Telephone: 202-289-1478

[email protected]

Counsel for Amici Curiae


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In accordance with Fed. R. App. P. 29,Amici Curiae applicants, by and

through their Counsel, hereby request leave to file anAmicus Curiae Brief in

Support of Defendants-Appellees and affirmation of the Southern District of Ohio.

Interest ofAmici Curiae

The constitutionality of Ohios regulation requiring use of the Food and

Drug Administrations (FDA) protocol for the administration of RU-486 (also

referred to as mifepristone or Mifeprex) has been called into question in this case.

Amici Curiae Speaker of the U.S. House of Representatives John Boehner (OH),

U.S. Senator Tom Coburn, M.D. (OK), and U.S. Representatives Steve Austria

(OH), Dan Benishek, M.D. (MI), Diane Black, R.N. (TN), Charles Boustany, M.D.

(LA), Paul Broun, M.D. (GA), Bill Cassidy, M.D. (LA), Steve Chabot (OH), John

Fleming, M.D. (LA), Bob Gibbs (OH), Andy Harris, M.D. (MD), Bill Johnson

(OH), Jim Jordan (OH), Robert Latta (OH), Jean Schmidt (OH), Steve Stivers

(OH), and Pat Tiberi (OH) are Members of the United States Congress who

support adherence to the FDA protocol, at a minimum, for the administration of

RU-486. Several are also from Ohio. Amici have a strong interest in the proper

interpretation and administration of a federal guideline, especially when, as here,

that guideline protects women from medical risks.

In addition, Senator Tom Coburn, M.D., and Representatives Dan Benishek,

M.D., Diane Black, R.N., Charles Boustany, M.D., Paul Broun, M.D., Bill


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Cassidy, M.D., John Fleming, M.D., and Andy Harris, M.D., are healthcare

providers who have a particular interest in ensuring that women receive the safest

care possible. As healthcare providers,Amici affirm the States decision to require

that RU-486 be administered in the safest way possible and in a manner supported

by concrete medical data.

Previous Participation ofAmici Curiae

On two other occasions in this matter, Counsel forAmici has represented

Members of the U.S. House and Senate in supporting the constitutionality of OHIO

REV.CODE 2919.123once before this Court in 2007, and once before the Ohio

Supreme Court in 2008. Amici simply seek to appear in this case as they have

done in the past.

Consent and No Objection from Defendants

Counsel for the State of Ohio has granted consent to file the brief. Counsel

for Defendant Joseph Deters, as representative of the class of all prosecuting

attorneys, stated that he will not raise any objection to this request to file an amicus

brief.

Previous Consent by Planned Parenthood

Planned Parenthood granted consent forAmici to file a brief before this

Court in 2007. When Counsel forAmici sought consent to file before this Court

once again, counsel for Planned Parenthood requested that Counsel forAmici


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explain the proposed amicis interest in the appeal as well as the matters you plan

to address in the brief. Counsel forAmici explained that Amici are Members of

Congress who are from the State of Ohio and/or healthcare providers. Amici have

an interest in the proper interpretation and administration of a federal guideline.

Amici will address this interest in the law and its protection of women.

However, based upon this brief description, Planned Parenthood refused

to grant consent forAmici to file, instead stating, Please go ahead and make your

motion, and once we see the motion and proposed brief, we will decide at that time

if we will oppose or consent.

Apparently, Planned Parenthood is refusing to consent becauseAmici will

not inform Planned Parenthood in detail as to what will be in the brief. Clearly,

informing the opposing party of a briefs exact contents before filing is not a

requirement of Fed. R. App. P. 29. Amici adequately informed Planned

Parenthood of their interest and intent to file in this case.


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Relief Sought

Based uponAmicis interest in this case,Amicis multiple previous

appearances in this case and before this Court, and Planned Parenthoods previous

willingness to consent toAmicis filings in this Court,Amici request leave to file

their brief before this Court.

Respectfully Submitted,

s/ Mailee R. SmithMailee R. Smith

Americans United for Life655 15th St NW, Suite 410

Washington, DC 20005

Telephone: 202-289-1478

[email protected]

Counsel for Amici Curiae

PROOF OF SERVICE

I hereby certify that on January 10, 2012, I electronically filed the foregoing

Motion with the clerk of the court by using the CM/ECF System, which will send a

notice of electronic filing to:

Helene T. Krasnoff

Planned Parenthood Federation of

America1110 Vermont Ave. NW, Suite

300

Washington, D.C. [email protected]

Jeannine R. Lesperance

Erick D. Gale

Assistant Attorneys GeneralConstitutional Offices Section

30 East Broad St., 17th Floor

Columbus, OH [email protected]

[email protected]


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Roger K. EvansPlanned Parenthood Federation of

America

434 W. 33rd St.New York, NY 10001

[email protected]

Alphonse A. GerhardsteinGerhardstein & Branch Co. LPA

617 Vine St., Suite 1409Cincinnati, OH 45202

[email protected]

B. Jesse Hill

Case Western Reserve UniversitySchool of Law

11075 E. Blvd.

Cleveland, OH [email protected]

Carrie L. Davis

ACLU of Ohio Foundation, Inc.

4506 Chester Ave.

Cleveland, OH [email protected]

Counsel for Plaintiffs-Appellants

Michael G. FlorezAssistant Prosecuting Attorney

Hamilton County, Ohio

230 E. Ninth St., Suite 4000Cincinnati, OH 45202

[email protected]

Counsel for Defendants-Appellees

s/ Mailee R. SmithMailee R. Smith

11-4062 planned parenthood v dewine- motion to file amicus brief by u s members of congress

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