UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
WomanCare of Southfield, P.C., CASE NO. 00-CV-70585
Northland Family Planning Clinic,
Inc., Northland Family Planning
Clinic, Inc. - West, Northland
Family Planning Clinic, Inc. - East,
Scottsdale Womens Center, and
Marshall D. Levine, M.D.,
Plaintiffs,
V.
Jennifer M. Granholm, James T.
Cherry, Carl L. Marlinga, David G.
Gorcyca, and John D. O'Hair,
Defendants.
and consolidated with:
Mark I. Evans, M.D. CASE NO. 00-CV-70586
Planned Parenthood of Mid-
Michigan, Planned Parenthood of
Southeast Michigan, Planned
Parenthood of South Central HONORABLE ARTHUR 5. TARNOW
Michigan, Planned Parenthood UNITED STATES DISTRICT JUDGE
Affiliates of Michigan, and
Timothy R. B. Johnson, M.D.,
Plaintiffs,
V .
Jennifer M. Granholm, and
John D. O'Hair,
Defendants.
/
MENI_C)RANDUM
WomanCare. et al, v. Gmnholm. et al, 00-CV-70585
Evans. et al. v. Granholtn et al. 00-70586
GRANTIN_G
AND
SNIPPETS:
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Plaintiffs,
Planned Parenthood of Mid-Michigan, Planned Parenthood of
Jennifer M. Granholm, and John D. O'Hair,
and providers of women's reproductive health services.
remaining defendant is Jennifer Granholm, in her official capacity as the Attorney
Attorney General Granholm and the State of Michigan from enforcing Michigan's
"`Infant Protection Act", 1999 Mich.
adequate safeguards to protect the health of the pregnant woman.
Court GRANTS Plaintiffs' Motion for Summary Judgment and permanently
summary of the testimony of Timothy Johnson, M.D., as previously recited at
pages 4-26 of the Court's March 9,200O Opinion and Order.
On January 14,2000, the United States Supreme Court granted certiorari in
v. Carhart, 528 U.S. 1110.
holding that the Nebraska partial-birth abortion statute violated the United
The legislature fmds all of the following: That the constitution and laws of this nation and
That a live infant partially outside his or her mother is neither a fetus nor potential life,
"Physician" means an individual licensed to engage in the practice of allopathic medicine or
"Since the law requires a health exception in order to validate even a postviability
[wlhere a significant body of medical opinion believes a procedure may bring with it greater
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