Alabama Waiting Period Decision
United States District Court, M.D. Alabama, Northern Division. SUMMIT MEDICAL CENTER OF ALABAMA, INC., New Women’s Health Care, Beacon Women’s Center, on behalf of themselves and their patients seeking abortions, Plaintiffs,
v.
Bob RILEY, in his official capacity as Governor for the State of Alabama and his agents and successors, Bill Pryor, in his official capacity as Attorney General for the State of Alabama and his agents and successors, Donald Williamson, M.D., in his official capacity as State Health Officer for the Alabama Department of Public Health and his agents and successors, and Ellen Brooks, in her official capacity as Montgomery District Attorney, Defendants.
No. CIV.A.02-A-1064-N.July 25, 2003.Providers of abortion services brought class action against state officials, challenging constitutionality of Alabama’s right-to-know act and seeking declaratory and injunctive relief. Parties cross-moved for partial summary judgment. The District Court, Albritton, Chief Judge, held that: (1) act provision requiring providers to distribute pro-childbirth materials and information did not violate providers’ First Amendment rights, (2) act provision compelling distribution of state’s pro-childbirth information did not violate patients’ First Amendment rights, (3) provision of act allowing for imposition of fee for pro-childbirth materials to be provided or made available to women seeking abortions violated First Amendment insofar as it applied to providers of abortion services, and (4) Eleventh Amendment applied to bar challenge to constitutionality of act’s civil liability provision.Motions granted in part and denied in part.