New York State National Organization for Women v. Terry
Opinion of the Court
We initially decided this appeal in New York State National Organization for Women v. Terry, 961 F.2d 390 (2d Cir. 1992). The Supreme Court granted certiorari sub. nom Pearson v. Planned Parenthood Margaret Sanger Clinic, and vacated and remanded for further consideration in light of Bray v. Alexandria Women’s Health Clinic, — U.S. -, 113 S.Ct. 753, 122 L.Ed.2d 34 (1993). Pearson, — U.S.-, 113 S.Ct. 1233, 122 L.Ed.2d 640 (1993). We then directed the submission of letter briefs by the parties regarding the proper disposition upon remand.
We now reinstate the initial judgment in this appeal entered pursuant to our prior opinion. Applications for such relief in light of Bray as dismissal of the federal claims, a remand of the action to state court, or reconsideration of the contempt sanctions litigated on this appeal should be addressed in the first instance to the district court.
Reference
- Full Case Name
- NEW YORK STATE NATIONAL ORGANIZATION FOR WOMEN New York City Chapter of the National Organization for Women National Organization for Women Religious Coalition for Abortion Rights—New York Metropolitan Area New York State National Abortion Rights Action League Planned Parenthood of New York City, Inc. Eastern Women's Center, Inc. Planned Parenthood Clinic (Bronx) Planned Parenthood Clinic (Brooklyn) Planned Parenthood Margaret Sanger Clinic (Manhattan) Ob-Gyn Pavilion the Center for Reproductive and Sexual Health VIP Medical Associates Bill Baird Institute (Suffolk) Bill Baird Institute (Nassau) Dr. Thomas J. Mullin Bill Baird Reverend Beatrice Blair Rabbi Dennis Math Reverend Donald Morlan Pro-Choice Coalition, and The City of New York, Intervenor-Appellee, and United States of America, Creditor-Appellee v. Randall A. TERRY Operation Rescue Reverend James P. Lisante Thomas Herlihy John Doe(s) Jane Doe(s), the last two being fictitious Names, the real names of said being presently unknown to said fictitious names being intended to designate organizations or persons who are members of organizations, and others acting in concert with any of the who are engaging in, or intend to engage in, the conduct complained of herein, Randall A. Terry Operation Rescue and Thomas Herlihy, Bernard Nathanson, Jesse Lee Joseph Foreman Michael McMonagle Jeff White Florence Talluto Michael LaPenna Adelle Nathanson Reverend Robert Pearson BiState Operation Rescue Network and Christopher Slattery, A. Lawrence Washburn, Jr., Counsel-Appellant
- Cited By
- 1 case
- Status
- Published