Planned Parenthood S. Atl. v. Wilson

26 F.4th 600

PLANNED PARENTHOOD SOUTH ATLANTIC, on behalf of itself, its patients, and its physicians and staff; Greenville Women's Clinic, on behalf of itself, its patients, and its physicians and staff; Terry L. Buffkin, M.D., on behalf of himself and his patients, Plaintiffs - Appellees,

v.Alan WILSON, in his official capacity as Attorney General of South Carolina; William Walter Wilkins, III, in his official capacity as Solicitor for South Carolina's 13th Judicial Circuit, Defendants - Appellants,Henry Dargan McMaster, in his official capacity as Governor of the State of South Carolina; James H. Lucas, a/k/a Jay, in his official capacity as Speaker of the South Carolina House of Representatives, Intervenors - Appellants,andAnne G. Cook, in her official capacity as President of the South Carolina Board of Medical Examiners; Stephen I. Schabel, in his official capacity as Vice President of the South Carolina Board of Medical Examiners; Ronald Januchowski, in his official capacity as Secretary of the South Carolina Board of Medical Examiners; Jim C. Chow, in his official capacity as a Member of the South Carolina Board of Medical Examiners; George S. Dilts, in his official capacity as a Member of the South Carolina Board of Medical Examiners; Dion Franga, in his official capacity as a Member of the South Carolina Board of Medical Examiners; Richard Howell, in his official capacity as a Member of the South Carolina Board of Medical Examiners; Theresa Mills-Floyd, in her official capacity as a Member of the South Carolina Board of Medical Examiners; Jeffrey A. Walsh, in his official capacity as a Member of the South Carolina Board of Medical Examiners; Christopher C. Wright, in his official capacity as a Member of the South Carolina Board of Medical Examiners; Byron E. Gipson, in his official capacity as Solicitor for South Carolina's 5th Judicial Circuit; Edward Simmer, in his official capacity as Director of the South Carolina Department of Health and Environmental Control; Scarlett A. Wilson, in her official capacity as Solicitor for South Carolina's 9th Judicial Circuit, Defendants.

The American Center For Law and Justice; Ethics and Religious Liberty Commission; American Association of Pro-Life Obstetricians and Gynecologists; Christian Medical & Dental Associations; Catholic Medical Association; Institute for Faith and Family ; World Faith Foundation ; State of Alabama ; State of Alaska ; State of Arkansas; State of Georgia ; State of Idaho ; State of Indiana; State of Kansas; State of Kentucky; State of Louisiana ; State of Mississippi; State of Missouri; State of Montana; State of Nebraska; State of North Dakota; State of Ohio; State of Oklahoma; State of Tennessee; State of Texas ; State of Utah; State of West Virginia ; Law Professors; ProLife Center at the University of St. Thomas (MN), Amici Supporting Appellant.

Virginia; California; Colorado; Hawaii; Connecticut; Illinois; Maine; Maryland; Massachusetts; Michigan; Minnesota; Nevada; New Jersey; New Mexico; New York; Oregon; Pennsylvania; Rhode Island; Vermont; Washington; District of Columbia; American College of Obstetricians and Gynecologists; American Medical Association ; American Academy of Nursing; American Academy of Family Physicians ; American Academy of Pediatrics; American College of Nurse-Midwives ; American College of Physicians; American Gynecological and Obstetrical Society ; American Psychiatric Association; American Society for Reproductive Medicine; Nurse Practitioners in Womens Health; Society of Family Planning; Society of Gynecologic Oncology; Society for Maternal-Fetal Medicine; Society of OB/GYN Hospitalists, Amici Supporting Appellee.

No. 21-1369

United States Court of Appeals, Fourth Circuit.

Argued: January 27, 2022

Decided: February 22, 2022

ARGUED: Christopher Ernest Mills, SPERO LAW LLC, Charleston, South Carolina, for Appellants. Julie Alyssa Murray, PLANNED PARENTHOOD FEDERATION OF AMERICA, Washington, D.C., for Appellees. ON BRIEF: Thomas A. Limehouse, Jr., Wm. Grayson Lambert, OFFICE OF THE GOVERNOR OF SOUTH CAROLINA, Columbia, South Carolina, for Appellant Governor McMaster. Alan Wilson, Robert D. Cook, J. Emory Smith, Jr., OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellant Attorney General Wilson and Solicitor Wilkins. Kevin A. Hall, M. Todd Carroll, WOMBLE BOND DICKINSON (US) LLP, Columbia, South Carolina, for Appellant Speaker Lucas. Hannah Swanson, PLANNED PARENTHOOD FEDERATION OF AMERICA, Washington, D.C.; M. Malissa Burnette, Kathleen McDaniel, Grant Burnette LeFever, BURNETTE SHUTT & MCDANIEL, PA, Columbia, South Carolina, for Appellee Planned Parenthood South Atlantic. Alexandra S. Thompson, Genevieve Scott, Jennifer Beard, CENTER FOR REPRODUCTIVE RIGHTS, New York, New York, for Appellees Greenville Women's Clinic and Dr. Terry L. Buffkin. Jay Alan Sekulow, Stuart J. Roth, Colby M. May, Walter M. Weber, Craig L. Parshall, Benjamin P. Sisney, Washington, D.C., Edward L. White III, Ann Arbor, Michigan, Francis J. Manion, AMERICAN CENTER FOR LAW AND JUSTICE, New Hope, Kentucky, for Amicus The American Center for Law and Justice. Tami Fitzgerald, INSTITUTE FOR FAITH & FAMILY, Raleigh, North Carolina; James L. Hirsen, WORLD FAITH FOUNDATION, Anaheim Hills, California; Deborah J. Dewart, DEBORAH J. DEWART, ATTORNEY AT LAW, Hubert, North Carolina, for Amici Institute for Faith & Family and World Faith Foundation. Steve Marshall, Attorney General, Edmund G. LaCour Jr., Solicitor General, A. Barrett Bowdre, Deputy Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF ALABAMA, Montgomery, Alabama, for Amicus State of Alabama. Treg R. Taylor, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF ALASKA, Anchorage, Alaska, for Amicus State of Alaska. Leslie Rutledge, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF ARKANSAS, Little Rock, Arkansas, for Amicus State of Arkansas. Christopher M. Carr, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF GEORGIA, Atlanta, Georgia, for Amicus State of Georgia. Lawrence G. Wasden, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF IDAHO, Boise, Idaho, for Amicus State of Idaho. Theodore E. Rokita, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF INDIANA, Indianapolis, Indiana, for Amicus State of Indiana. Derek Schmidt, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF KANSAS, Topeka, Kansas, for Amicus State of Kansas. Daniel Cameron, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF KENTUCKY, Frankfort, Kentucky, for Amicus Commonwealth of Kentucky. Jeff Landry, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF LOUISIANA, Baton Rouge, Louisiana, for Amicus State of Louisiana. Lynn Fitch, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MISSISSIPPI, Jackson, Mississippi, for Amicus State of Mississippi. Eric Schmitt, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MISSOURI, Jefferson City, Missouri, for Amicus State of Missouri. Austin Knudsen, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MONTANA, Helena, Montana, for Amicus State of Montana. Doug Peterson, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF NEBRASKA, Lincoln, Nebraska, for Amicus State of Nebraska. Wayne Stenehjem, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF NORTH DAKOTA, Bismarck, North Dakota, for Amicus State of North Dakota. Dave Yost, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF OHIO, Columbus, Ohio, for Amicus State of Ohio. Dawn Cash, Acting Attorney General, OFFICE OF THE ATTORNEY GENERAL OF OKLAHOMA, Oklahoma City, Oklahoma, for Amicus State of Oklahoma. Herbert Slatery III, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF TENNESSEE, Nashville, Tennessee, for Amicus State of Tennessee. Ken Paxton, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF TEXAS, Austin, Texas, for Amicus State of Texas. Sean D. Reyes, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF UTAH, Salt Lake City, Utah, for Amicus State of Utah. Patrick Morrisey, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Amicus State of West Virginia. John J. Bursch, Washington, D.C., Christopher P. Schandevel, Cody S. Barnett, ALLIANCE DEFENDING FREEDOM, Ashburn, Virginia, for Amici American Association of Pro-Life Obstetricians and Gynecologists, Christian Medical and Dental Association, and Catholic Medical Association. Timothy J. Newton, Columbia, South Carolina, for Amicus Ethics & Religious Liberty Commission. Gene C. Schaerr, H. Christopher Bartolomucci, Riddhi Dasgupta, SCHAERR | JAFFE LLP, Washington, D.C.; Teresa Stanton Collett, Minneapolis, Minnesota, for Amici Law Professors and the ProLife Center at the University of St. Thomas (MN). Mark R. Herring, Attorney General, Erin Ashwell, Chief Deputy Attorney General, Laura H. Cahill, Assistant Attorney General, Michelle S. Kallen, Acting Solicitor General, Brittany M. Jones, Deputy Solicitor General, Rohiniyurie Tashima, John Marshall Fellow, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Amicus Commonwealth of Virginia. Rob Bonta, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF California, Sacramento, California, for Amicus State of California. Phil Weiser, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF COLORADO, Denver, Colorado, for Amicus State of Colorado. William Tong, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF CONNECTICUT, Hartford, Connecticut, for Amicus State of Connecticut. Clare E. Connors, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF HAWAII, Honolulu, Hawaii, for Amicus State of Hawaii. Kwame Raoul, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF ILLINOIS, Chicago, Illinois, for Amicus State of Illinois. Aaron M. Frey, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MAINE, Augusta, Maine, for Amicus State of Maine. Brian E. Frosh, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Amicus State of Maryland. Maura Healey, Attorney General, OFFICE OF THE...