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  • Title: Montana physician assistant can again provide abortions.
    Journal: Reprod Freedom News; 1996 Nov 22; 5(19):2. PubMed ID: 12292091.
    Abstract:
    Susan Cahill, a physician assistant who performed abortions under a doctor's supervision for 18 years, has been allowed to resume her abortion practice in Montana under an injunction issued November 4, 1996, by Judge Paul Hatfield, of the U.S. District Court for the District of Montana. The injunction prohibits the state from enforcing a statute banning physician assistants from performing abortions. Cahill and several other health care providers had requested a preliminary injunction before the law took effect in October 1995, claiming that the ban violated "Planned Parenthood vs. Casey" by creating an undue burden for women seeking abortions. The judge had refused to grant the injunction at that time on the basis that the plaintiffs probably would not prevail on their claim. The judge further ruled that it was unlikely that the statute would be shown to be a "bill of attainder" written specifically for Cahill or for abortion providers as a group. However, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit found that the district court erred when it refused to block implementation of the law, and Judge Hatfield was asked to review whether the statute serves a legitimate purpose. The full appellate court denied the state's request for reconsideration of the ruling of the panel. The new injunction applies specifically to Cahill and will remain in effect until Montana officials petition the U.S. Supreme Court for review of the holding of the appellate court. If the High Court denies the appeal, Judge Hatfield is expected to set a date for hearing the plaintiff's outstanding request for a preliminary injunction against the law.
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