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|PRETERM-CLEVELAND; PLANNED PARENTHOOD
SOUTHWEST OHIO REGION; WOMEN’S MED GROUP
PROFESSIONAL CORPORATION; ROSLYN KADE, M.D.;
PLANNED PARENTHOOD OF GREATER OHIO,
STEPHANIE MCCLOUD, Director, Ohio Department of
Health; KIM G. ROTHERMEL, Secretary, State Medical
Board of Ohio; BRUCE R. SAFERIN, Supervising
Member, State Medical Board of Ohio,
| No. 18-3329|
On Petition for Rehearing En Banc
United States District Court for the Southern District of Ohio at Cincinnati;
No. 1:18-cv-00109—Timothy S. Black, District Judge.
Argued En Banc: March 11, 2020
Decided and Filed: April 13, 2021
Before: COLE; Chief Judge; BATCHELDER, MOORE, CLAY, GIBBONS, SUTTON,
GRIFFIN, KETHLEDGE, WHITE, STRANCH, DONALD, THAPAR, BUSH, LARSEN,
NALBANDIAN, and READLER, Circuit Judges.
ALICE M. BATCHELDER, Circuit Judge. This is an appeal from a district court order
granting a preliminary injunction based on the plaintiffs’ claim that an Ohio law, referred to
herein as H.B. 214, is facially unconstitutional and, therefore, unenforceable in any respect.
Because we conclude that the plaintiffs have failed to demonstrate a likelihood of success on that
claim, we REVERSE the district court’s imposition of the preliminary injunction.