Case: Purl, M.D. v. United States Department of Health and Human Services

2:24-cv-00228 | U.S. District Court for the Northern District of Texas

Filed Date: Oct. 21, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerns a challenge to a 2024 Department of Health and Human Services rule restricting the disclosure of information pertaining to reproductive healthcare.  On October 21, 2024 a Texas physician and a private family medicine practice brought suit in the Northern District of Texas against the Department of Health and Human Services (“DHHS”), the DHHS Secretary, the Office for Civil Rights of the United States Department of Health and Human Services (“OCR”), and the Director of OCR. Pl…

This case concerns a challenge to a 2024 Department of Health and Human Services rule restricting the disclosure of information pertaining to reproductive healthcare. 

On October 21, 2024 a Texas physician and a private family medicine practice brought suit in the Northern District of Texas against the Department of Health and Human Services (“DHHS”), the DHHS Secretary, the Office for Civil Rights of the United States Department of Health and Human Services (“OCR”), and the Director of OCR. Plaintiffs were represented by Alliance Defending Freedom. The suit challenged a Biden-era DHHS rule restricting HIPAA-covered entities from making disclosures concerning reproductive health care where that information would be used to investigate or bring a suit against any person seeking, obtaining, providing or facilitating reproductive healthcare (the “2024 Rule”). Plaintiff alleged that the rule violated the Administrative Procedure Act; specifically, plaintiff argued that the 2024 Rule was in excess of its statutory authority, arbitrary, capricious, an abuse of discretion, and otherwise not in accordance with law. Plaintiffs sought declaratory and injunctive relief. The case was assigned to Judge Matthew Kacsmaryk. 

On November 12, 2024, plaintiffs filed a motion for preliminary injunction. 

On December 22, 2024 the court granted the plaintiffs’ motion for a preliminary injunction. The court found that the rule exceeded its statutory authority by restricting and obstructing physicians’ ability to report child abuse. 

On January 17, 2025 defendants filed a motion to dismiss for lack of jurisdiction or, alternatively, a motion for summary judgment, and plaintiffs filed their own summary judgment motion. The same day, the City of Columbus, Ohio, the City of Madison, Wisconsin, and Doctors for American moved to intervene as defendants. 

On April 15, the court denied the proposed intervenors’ motion to intervene, having found that the proposed intervenors were not entitled to mandatory intervention as they lacked a legally protectable interest and failed to demonstrate that the current representation was inadequate. 349 F.R.D. 526.

As of April 21, 2025, the case is ongoing. 

Summary Authors

Daria Wick (4/1/2025)

Avery Coombe (4/21/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69281867/parties/purl-md-v-united-states-department-of-health-and-human-services/


Judge(s)
Attorney for Plaintiff

Blake, Julie Marie (Texas)

Bowman, Matthew S (Texas)

Attorney for Defendant

Aukland-Peck, Adam Bresler (Texas)

Brown, Ryan Patrick (Texas)

Expert/Monitor/Master/Other

Copp, Laura Elaine (Texas)

Documents in the Clearinghouse

Documents in this case
1

2:24-cv-00228

Complaint

Oct. 21, 2024

Oct. 21, 2024

Complaint
34

2:24-cv-00228

Memorandum Opinion and Order

Dec. 22, 2024

Dec. 22, 2024

Order/Opinion
103

2:24-cv-00228

Memorandum Opinion and Order

April 15, 2025

April 15, 2025

Order/Opinion

349 F.R.D. 526

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69281867/purl-md-v-united-states-department-of-health-and-human-services/

Last updated April 20, 2026, 4:33 a.m.

ECF Number Date Description Link
1 Oct. 21, 2024

COMPLAINT against All Defendants filed by Carmen Purl, M.D., Carmen Purl, M.D., PLLC. (Filing fee $405; Receipt number ATXNDC-15005043) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (Thompson, Natalie) (Entered: 10/21/2024)

1 Cover Sheet

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Clearinghouse
2 Oct. 21, 2024

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Carmen Purl, M.D., PLLC, Carmen Purl, M.D.. (Clerk QC note: No affiliate entered in ECF). (Thompson, Natalie) (Entered: 10/21/2024)

RECAP
3 Oct. 21, 2024

Request for Clerk to issue summons as to Defendant United States Department of Health and Human Services filed by Carmen Purl, M.D., PLLC, Carmen Purl, M.D.. (Thompson, Natalie) (Entered: 10/21/2024)

RECAP
4 Oct. 21, 2024

Request for Clerk to issue summons as to Defendant Xavier Becerra filed by Carmen Purl, M.D., PLLC, Carmen Purl, M.D.. (Thompson, Natalie) (Entered: 10/21/2024)

RECAP
5 Oct. 21, 2024

Request for Clerk to issue summons as to Office for Civil Rights of the United States Department of Health and Human Services filed by Carmen Purl, M.D., PLLC, Carmen Purl, M.D.. (Thompson, Natalie) (Entered: 10/21/2024)

RECAP
6 Oct. 21, 2024

Request for Clerk to issue Summons as to Defendant Melanie Fontes Rainer filed by Carmen Purl, M.D., PLLC, Carmen Purl, M.D.. (Thompson, Natalie) Modified text on 10/21/2024 (nht). (Entered: 10/21/2024)

RECAP
7 Oct. 21, 2024

Request for Clerk to issue Summons as to U.S. Attorney General Merrick Garland filed by Carmen Purl, M.D., PLLC, Carmen Purl, M.D.. (Thompson, Natalie) Modified text on 10/21/2024 (nht). (Entered: 10/21/2024)

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8 Oct. 21, 2024

Request for Clerk to issue Summons as to U.S. Attorney Leigha Simonton filed by Carmen Purl, M.D., PLLC, Carmen Purl, M.D.. (Thompson, Natalie) Modified text on 10/21/2024 (nht). (Entered: 10/21/2024)

RECAP
9 Oct. 22, 2024

New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (No magistrate judge assigned). Clerk to provide copy to plaintiff if not received electronically. (awc) (Entered: 10/22/2024)

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10 Oct. 22, 2024

Summons issued as to Xavier Becerra, Office for Civil Rights of the United States Department of Health and Human Services, Melanie Fontes Rainer, United States Department of Health and Human Services, U.S. Attorney, and U.S. Attorney General. (awc) (Entered: 10/22/2024)

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11 Nov. 8, 2024

SUMMONS Returned Executed as to Xavier Becerra ; served on 10/30/2024. (Thompson, Natalie) (Entered: 11/08/2024)

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12 Nov. 8, 2024

SUMMONS Returned Executed as to Xavier Becerra ; served on 10/26/2024. (Thompson, Natalie) (Entered: 11/08/2024)

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13 Nov. 8, 2024

SUMMONS Returned Executed as to Xavier Becerra ; served on 10/25/2024. (Thompson, Natalie) (Entered: 11/08/2024)

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14 Nov. 8, 2024

SUMMONS Returned Executed as to Office for Civil Rights of the United States Department of Health and Human Services ; served on 10/26/2024. (Thompson, Natalie) (Entered: 11/08/2024)

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15 Nov. 8, 2024

SUMMONS Returned Executed as to Office for Civil Rights of the United States Department of Health and Human Services ; served on 10/25/2024. (Thompson, Natalie) (Entered: 11/08/2024)

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16 Nov. 8, 2024

SUMMONS Returned Executed as to United States Department of Health and Human Services ; served on 10/30/2024. (Thompson, Natalie) (Entered: 11/08/2024)

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17 Nov. 8, 2024

SUMMONS Returned Executed as to United States Department of Health and Human Services ; served on 10/26/2024. (Thompson, Natalie) (Entered: 11/08/2024)

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18 Nov. 8, 2024

SUMMONS Returned Executed as to United States Department of Health and Human Services ; served on 10/25/2024. (Thompson, Natalie) (Entered: 11/08/2024)

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19 Nov. 8, 2024

SUMMONS Returned Executed as to Melanie Fontes Rainer ; served on 10/26/2024. (Thompson, Natalie) (Entered: 11/08/2024)

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20 Nov. 8, 2024

SUMMONS Returned Executed as to Melanie Fontes Rainer ; served on 10/25/2024. (Thompson, Natalie) (Entered: 11/08/2024)

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21 Nov. 8, 2024

SUMMONS Returned Executed as to Office for Civil Rights of the United States Department of Health and Human Services ; served on 10/24/2024. (Thompson, Natalie) (Entered: 11/08/2024)

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22 Nov. 8, 2024

SUMMONS Returned Executed as to Melanie Fontes Rainer ; served on 10/24/2024. (Thompson, Natalie) (Entered: 11/08/2024)

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23 Nov. 12, 2024

NOTICE of Attorney Appearance by John T. Lewis on behalf of United States Department of Health and Human Services, Xavier Becerra, Office for Civil Rights of the United States Department of Health and Human Services, Melanie Fontes Rainer. (Filer confirms contact info in ECF is current.) (Lewis, John) (Entered: 11/12/2024)

RECAP
24 Nov. 12, 2024

MOTION for Injunction Preliminary filed by Carmen Purl, M.D., Carmen Purl, M.D., PLLC with Brief/Memorandum in Support. (Thompson, Natalie) (Entered: 11/12/2024)

RECAP
25 Nov. 12, 2024

Appendix in Support filed by Carmen Purl, M.D., Carmen Purl, M.D., PLLC re 24 MOTION for Injunction Preliminary (Thompson, Natalie) (Entered: 11/12/2024)

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26 Nov. 25, 2024

MOTION Leave to Proceed Without Local Counsel filed by Carmen Purl, M.D., Carmen Purl, M.D., PLLC with Brief/Memorandum in Support. (Thompson, Natalie) (Entered: 11/25/2024)

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27 Nov. 26, 2024

ORDER granting 26 Motion (Ordered by Judge Matthew J. Kacsmaryk on 11/26/2024) (nht) (Entered: 11/26/2024)

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28 Dec. 3, 2024

Certificate Regarding Judge-Specific Requirements. (Lewis, John) (Entered: 12/03/2024)

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29 Dec. 3, 2024

RESPONSE filed by United States Department of Health and Human Services, Xavier Becerra, Office for Civil Rights of the United States Department of Health and Human Services, Melanie Fontes Rainer re: 24 MOTION for Injunction Preliminary (Lewis, John) (Entered: 12/03/2024)

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30 Dec. 4, 2024

Certificate Regarding Judge-Specific Requirements. (Thompson, Natalie) (Entered: 12/04/2024)

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31 Dec. 10, 2024

REPLY filed by Carmen Purl, M.D., Carmen Purl, M.D., PLLC re: 24 MOTION for Injunction Preliminary (Thompson, Natalie) (Entered: 12/10/2024)

RECAP
32 Dec. 17, 2024

Unopposed Motion for Extension of Time to File Answer filed by United States Department of Health and Human Services, Xavier Becerra, Office for Civil Rights of the United States Department of Health and Human Services, Melanie Fontes Rainer with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Lewis, John) (Entered: 12/17/2024)

1 Proposed Order

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33 Dec. 17, 2024

Administrative Record consisting of Certified Index for 2024 Rule filed by United States Department of Health and Human Services, Xavier Becerra, Office for Civil Rights of the United States Department of Health and Human Services, Melanie Fontes Rainer. (Attachments: # 1 Certification and Index) (Lewis, John) (Entered: 12/17/2024)

1 Certification and Index

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34 Dec. 22, 2024

Memorandum Opinion and Order - re: 24 Motion for Injunction filed by Carmen Purl, M.D., PLLC, Carmen Purl, M.D. (Ordered by Judge Matthew J. Kacsmaryk on 12/22/2024) (vls) (Main Document 34 replaced with a text searchable doc on 12/23/2024) (ali).

Clearinghouse
35 Dec. 23, 2024

ORDER: Pursuant to the Court's order preliminarily enjoining Defendants from enforcing the 2024 Rule against Plaintiffs, ECF No. 34 at 21 - 22, the Court now ORDERS the following schedule: Any motions for summary judgment shall be filed on or before January 17, 2025. Response briefing to summary judgment motions shall be filed on or before January 24, 2025. Reply briefing to summary judgment motions shall be filed on or before January 31, 2025. (Ordered by Judge Matthew J. Kacsmaryk on 12/23/2024) (awc) (Entered: 12/23/2024)

RECAP
36 Dec. 23, 2024

ORDER GRANTING IN PART 32 Motion for Extension of Time to File Answer. Xavier Becerra answer due 1/17/2025; Office for Civil Rights of the United States Department of Health and Human Services answer due 1/17/2025; Melanie Fontes Rainer answer due 1/17/2025; United States Department of Health and Human Services answer due 1/17/2025. (Ordered by Judge Matthew J. Kacsmaryk on 12/23/2024) (awc) (Entered: 12/23/2024)

RECAP
37 Jan. 3, 2025

MOTION to Amend/Correct 35 Order Setting Deadline/Hearing,, filed by United States Department of Health and Human Services, Xavier Becerra, Office for Civil Rights of the United States Department of Health and Human Services, Melanie Fontes Rainer with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Lewis, John) (Entered: 01/03/2025)

RECAP
38 Jan. 6, 2025

ORDER granting 37 Motion to Amend/Correct. Accordingly, the Court ORDERS the parties to comply with the following schedule and nullifies the schedule currently in effect: Any motions for summary judgment shall be filed on or before January 17, 2025. Defendants may use their motion for summary judgment as a responsive pleading. Response briefing to the summary judgment motions shall be filed on or before February 17, 2025. Reply briefing to the summary judgment motions shall be filed on or before March 17, 2025. (Ordered by Judge Matthew J. Kacsmaryk on 1/6/2025) (awc) (Entered: 01/06/2025)

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39 Jan. 17, 2025

MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, MOTION for Summary Judgment () filed by United States Department of Health and Human Services, Xavier Becerra, Office for Civil Rights of the United States Department of Health and Human Services, Melanie Fontes Rainer (Attachments: # 1 Proposed Order) (Lewis, John) (Entered: 01/17/2025)

1 Proposed Order

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40 Jan. 17, 2025

Brief/Memorandum in Support filed by United States Department of Health and Human Services, Xavier Becerra, Office for Civil Rights of the United States Department of Health and Human Services, Melanie Fontes Rainer re 39 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative MOTION for Summary Judgment (Lewis, John) (Entered: 01/17/2025)

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41 Jan. 17, 2025

Administrative Record consisting of Administrative Record for the 2024 Rule Parts 1-50 filed by United States Department of Health and Human Services, Xavier Becerra, Office for Civil Rights of the United States Department of Health and Human Services, Melanie Fontes Rainer. (Attachments: # 1 Certification and Index, # 2 Part 1, # 3 Part 2, # 4 Part 3, # 5 Part 4, # 6 Part 5, # 7 Part 6, # 8 Part 7, # 9 Part 8, # 10 Part 9, # 11 Part 10, # 12 Part 11, # 13 Part 12, # 14 Part 13, # 15 Part 14, # 16 Part 15, # 17 Part 16, # 18 Part 17, # 19 Part 18, # 20 Part 19, # 21 Part 20, # 22 Part 21, # 23 Part 22, # 24 Part 23, # 25 Part 24, # 26 Part 25, # 27 Part 26, # 28 Part 27, # 29 Part 28, # 30 Part 29, # 31 Part 30, # 32 Part 31, # 33 Part 32, # 34 Part 33, # 35 Part 34, # 36 Part 35, # 37 Part 36, # 38 Part 37, # 39 Part 38, # 40 Part 39, # 41 Part 40, # 42 Part 41, # 43 Part 42, # 44 Part 43, # 45 Part 44, # 46 Part 45, # 47 Part 46, # 48 Part 47, # 49 Part 48, # 50 Part 49, # 51 Part 50) (Lewis, John) (Entered: 01/17/2025)

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42 Jan. 17, 2025

Administrative Record consisting of Administrative Record for the 2024 Rule Parts 51-100 filed by United States Department of Health and Human Services, Xavier Becerra, Office for Civil Rights of the United States Department of Health and Human Services, Melanie Fontes Rainer. (Attachments: # 1 Certification and Index, # 2 Part 51, # 3 Part 52, # 4 Part 53, # 5 Part 54, # 6 Part 55, # 7 Part 56, # 8 Part 57, # 9 Part 58, # 10 Part 59, # 11 Part 60, # 12 Part 61, # 13 Part 62, # 14 Part 63, # 15 Part 64, # 16 Part 65, # 17 Part 66, # 18 Part 67, # 19 Part 68, # 20 Part 69, # 21 Part 70, # 22 Part 71, # 23 Part 72, # 24 Part 73, # 25 Part 74, # 26 Part 75, # 27 Part 76, # 28 Part 77, # 29 Part 78, # 30 Part 79, # 31 Part 80, # 32 Part 81, # 33 Part 82, # 34 Part 83, # 35 Part 84, # 36 Part 85, # 37 Part 86, # 38 Part 87, # 39 Part 88, # 40 Part 89, # 41 Part 90, # 42 Part 91, # 43 Part 92, # 44 Part 93, # 45 Part 94, # 46 Part 95, # 47 Part 96, # 48 Part 97, # 49 Part 98, # 50 Part 99, # 51 Part 100) (Lewis, John) (Entered: 01/17/2025)

RECAP
43 Jan. 17, 2025

Administrative Record consisting of Administrative Record for the 2024 Rule Parts 101-135 filed by United States Department of Health and Human Services, Xavier Becerra, Office for Civil Rights of the United States Department of Health and Human Services, Melanie Fontes Rainer. (Attachments: # 1 Certification and Index, # 2 Part 101, # 3 Part 102, # 4 Part 103, # 5 Part 104, # 6 Part 105, # 7 Part 106, # 8 Part 107, # 9 Part 108, # 10 Part 109, # 11 Part 110, # 12 Part 111, # 13 Part 112, # 14 Part 113, # 15 Part 114, # 16 Part 115, # 17 Part 116, # 18 Part 117, # 19 Part 118, # 20 Part 119, # 21 Part 120, # 22 Part 121, # 23 Part 122, # 24 Part 123, # 25 Part 124, # 26 Part 125, # 27 Part 126, # 28 Part 127, # 29 Part 128, # 30 Part 129, # 31 Part 130, # 32 Part 131, # 33 Part 132, # 34 Part 133, # 35 Part 134, # 36 Part 135) (Lewis, John) (Entered: 01/17/2025)

RECAP
44 Jan. 17, 2025

MOTION for Summary Judgment filed by Carmen Purl, M.D., Carmen Purl, M.D., PLLC (Attachments: # 1 Proposed Order) (Thompson, Natalie) (Entered: 01/17/2025)

RECAP
45 Jan. 17, 2025

Brief/Memorandum in Support filed by Carmen Purl, M.D., Carmen Purl, M.D., PLLC re 44 MOTION for Summary Judgment (Thompson, Natalie) (Entered: 01/17/2025)

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46 Jan. 17, 2025

Appendix in Support filed by Carmen Purl, M.D., Carmen Purl, M.D., PLLC re 44 MOTION for Summary Judgment (Thompson, Natalie) (Entered: 01/17/2025)

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47 Jan. 17, 2025

NOTICE of Substitution of Counsel filed by United States Department of Health and Human Services, Xavier Becerra, Office for Civil Rights of the United States Department of Health and Human Services, Melanie Fontes Rainer (Lowenstein, Jody) (Entered: 01/17/2025)

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48 Jan. 17, 2025

**** DISREGARD - refiled as ECF 49. **** MOTION to Intervene filed by United States Department of Health and Human Services with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order Proposed Order Granting Motion to Intervene, # 2 Exhibit(s) Proposed Motion for Summary Judgment, # 3 Exhibit(s) Proposed Memo of Law ISO MSJ, # 4 Exhibit(s) Appendix ISO Intervenor Defendants Motion for Summary Judgment, # 5 Proposed Order Proposed Order Granting Summary Judgment)Attorney Ryan Patrick Brown added to party United States Department of Health and Human Services(pty:dft) (Brown, Ryan) Modified text on 1/21/2025 (awc). (Entered: 01/17/2025)

1 Proposed Order Proposed Order Granting Motion to Intervene

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2 Exhibit(s) Proposed Motion for Summary Judgment

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3 Exhibit(s) Proposed Memo of Law ISO MSJ

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4 Exhibit(s) Appendix ISO Intervenor Defendants Motion for Summary Judgment

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5 Proposed Order Proposed Order Granting Summary Judgment

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49 Jan. 17, 2025

MOTION to Intervene filed by City of Columbus, Ohio, City of Madison, Wisconsin, Doctors for America with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order Proposed Order Granting Motion to Intervene, # 2 Exhibit(s) Proposed Motion for Summary Judgment, # 3 Exhibit(s) Proposed Memo of Law ISO MSJ, # 4 Exhibit(s) Appendix ISO Intervenor Defendants Motion for Summary Judgment, # 5 Proposed Order Proposed Order Granting Summary Judgment). Party City of Columbus, Ohio added.Attorney Ryan Patrick Brown added to party City of Columbus, Ohio(pty:intvd), Attorney Ryan Patrick Brown added to party City of Madison, Wisconsin(pty:intvd), Attorney Ryan Patrick Brown added to party Doctors for America(pty:intvd) (Brown, Ryan) (Entered: 01/17/2025)

1 Proposed Order Proposed Order Granting Motion to Intervene

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2 Exhibit(s) Proposed Motion for Summary Judgment

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3 Exhibit(s) Proposed Memo of Law ISO MSJ

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4 Exhibit(s) Appendix ISO Intervenor Defendants Motion for Summary Judgment

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5 Proposed Order Proposed Order Granting Summary Judgment

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50 Jan. 17, 2025

Brief/Memorandum in Support filed by City of Columbus, Ohio, City of Madison, Wisconsin, Doctors for America re 49 MOTION to Intervene (Attachments: # 1 Exhibit(s) Motion to Intervene Appendix) (Brown, Ryan) (Entered: 01/17/2025)

1

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51 Jan. 17, 2025

Certificate Regarding Judge-Specific Requirements. (Brown, Ryan) (Entered: 01/17/2025)

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52 Jan. 17, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Anna Moody (Filing fee $100; Receipt number ATXNDC-15197832) filed by City of Columbus, Ohio, City of Madison, Wisconsin, Doctors for America (Brown, Ryan) (Entered: 01/17/2025)

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53 Jan. 17, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Adam Aukland-Peck (Filing fee $100; Receipt number ATXNDC-15197842) filed by City of Columbus, Ohio, City of Madison, Wisconsin, Doctors for America (Brown, Ryan) (Entered: 01/17/2025)

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54 Jan. 17, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Aisha Rich (Filing fee $100; Receipt number ATXNDC-15197843) filed by City of Columbus, Ohio, City of Madison, Wisconsin (Brown, Ryan) (Entered: 01/17/2025)

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55 Jan. 17, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Gabriel Kohan (Filing fee $100; Receipt number ATXNDC-15197846) filed by City of Columbus, Ohio, City of Madison, Wisconsin, Doctors for America (Brown, Ryan) (Entered: 01/17/2025)

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56 Jan. 17, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Carrie Flaxman (Filing fee $100; Receipt number ATXNDC-15197849) filed by City of Columbus, Ohio, City of Madison, Wisconsin, Doctors for America (Brown, Ryan) (Entered: 01/17/2025)

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57 Jan. 17, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Emma Leibowitz (Filing fee $100; Receipt number ATXNDC-15197850) filed by City of Columbus, Ohio, City of Madison, Wisconsin, Doctors for America (Brown, Ryan) (Entered: 01/17/2025)

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58 Jan. 17, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Madeline Gitomer (Filing fee $100; Receipt number ATXNDC-15197852) filed by City of Columbus, Ohio, City of Madison, Wisconsin, Doctors for America (Brown, Ryan) (Main Document 58 replaced with flattened image on 1/21/2025) (nht). (Entered: 01/17/2025)

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59 Jan. 17, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Shannon Selden (Filing fee $100; Receipt number ATXNDC-15197854) filed by City of Columbus, Ohio, City of Madison, Wisconsin, Doctors for America (Brown, Ryan) (Entered: 01/17/2025)

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60 Jan. 21, 2025

ORDER granting [52], [53], [54], [55], [56], [57], [58], and [59] Applications for Admission Pro Hac Vice for Anna A. Moody, Adam Aukland-Peck, Aisha Rich, Gabriel Kohan, Carrie Y. Flaxman, Emma R. Leibowitz, Madeline H. Gitomer, and Shannon Rose Selden. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 1/21/2025) (awc)

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61 Feb. 7, 2025

RESPONSE AND OBJECTION filed by Carmen Purl, M.D., PLLC, Carmen Purl, M.D. re: [49] MOTION to Intervene (Thompson, Natalie)

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62 Feb. 7, 2025

RESPONSE filed by Xavier Becerra, Office for Civil Rights of the United States Department of Health and Human Services, Melanie Fontes Rainer, United States Department of Health and Human Services re: [49] MOTION to Intervene (Lowenstein, Jody)

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63 Feb. 11, 2025

MOTION for Extension of Time to File Response/Reply to [39] MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative MOTION for Summary Judgment, [44] MOTION for Summary Judgment filed by Xavier Becerra, Office for Civil Rights of the United States Department of Health and Human Services, Melanie Fontes Rainer, United States Department of Health and Human Services with Brief/Memorandum in Support. (Attachments: # (1) Proposed Order) (Lowenstein, Jody)

1 Proposed Order

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64 Feb. 13, 2025

ORDER granting 63 Motion to Extend Time to File Response/Reply. Plaintiffs and Defendants must file their responses to each other's dispositive motions on or before March 3, 2025. (Ordered by Judge Matthew J. Kacsmaryk on 2/13/2025) (awc) (Entered: 02/13/2025)

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65 Feb. 21, 2025

REPLY filed by City of Columbus, Ohio, City of Madison, Wisconsin, Doctors for America re: 49 MOTION to Intervene (Attachments: # 1 Exhibit(s) Supplemental Motion to Intervene Appendix) (Selden, Shannon) (Entered: 02/21/2025)

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66 March 3, 2025

RESPONSE AND OBJECTION filed by Carmen Purl, M.D., PLLC, Carmen Purl, M.D. re: 39 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative MOTION for Summary Judgment (Thompson, Natalie) (Entered: 03/03/2025)

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67 March 3, 2025

Appendix in Support filed by Carmen Purl, M.D., PLLC, Carmen Purl, M.D. re 66 Response/Objection to Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment (Thompson, Natalie) (Entered: 03/03/2025)

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68 March 3, 2025

RESPONSE AND OBJECTION filed by City of Columbus, Ohio, City of Madison, Wisconsin, Doctors for America re: 44 MOTION for Summary Judgment (Selden, Shannon) (Entered: 03/03/2025)

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69 March 3, 2025

Brief/Memorandum in Support filed by City of Columbus, Ohio, City of Madison, Wisconsin, Doctors for America re 68 Response/Objection / Memorandum of Law of Proposed Intervenor-Defendants in Opposition to Plaintiffs' Motion for Summary Judgment (Attachments: # 1 Exhibit(s) A) (Selden, Shannon) (Entered: 03/03/2025)

1 Exhibit(s) A

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70 March 3, 2025

RESPONSE filed by Xavier Becerra, Office for Civil Rights of the United States Department of Health and Human Services, Melanie Fontes Rainer, United States Department of Health and Human Services re: 44 MOTION for Summary Judgment (Lowenstein, Jody) (Entered: 03/03/2025)

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71 March 10, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15327525) filed by If/When/How: Lawyering for Reproductive Justice. Party If/When/How: Lawyering for Reproductive Justice added.Attorney Lauren Paulk added to party If/When/How: Lawyering for Reproductive Justice(pty:am) (Paulk, Lauren) (Entered: 03/10/2025)

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72 March 10, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Nina Dutta (Filing fee $100; Receipt number ATXNDC-15327657) filed by If/When/How: Lawyering for Reproductive Justice (Paulk, Lauren) (Entered: 03/10/2025)

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73 March 10, 2025

Unopposed MOTION for Leave to File Amicus Brief filed by If/When/How: Lawyering for Reproductive Justice (Paulk, Lauren) (Entered: 03/10/2025)

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74 March 10, 2025

Brief/Memorandum in Support filed by If/When/How: Lawyering for Reproductive Justice re 73 Unopposed MOTION for Leave to File Amicus Brief (Paulk, Lauren) (Entered: 03/10/2025)

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75 March 10, 2025

Appendix in Support filed by If/When/How: Lawyering for Reproductive Justice re 74 Brief/Memorandum in Support of Motion for Leave to file Amicus Brief (Paulk, Lauren) (Entered: 03/10/2025)

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76 March 10, 2025

Certificate Regarding Judge-Specific Requirements. (Paulk, Lauren) (Entered: 03/10/2025)

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77 March 10, 2025

Unopposed MOTION for Leave to File Amicus Brief filed by American College of Obstetricians and Gynecologists and Society for Maternal-Fetal Medicine with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Amicus Brief in Support, # 2 Proposed Order)Attorney Sarah C Stewart added to party American College of Obstetricians and Gynecologists(pty:am) (Stewart, Sarah) Modified filers on 3/11/2025 (nht). (Entered: 03/10/2025)

1 Exhibit(s) Amicus Brief in Support

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2 Proposed Order

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78 March 10, 2025

Certificate Regarding Judge-Specific Requirements. (Stewart, Sarah) (Entered: 03/10/2025)

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79 March 10, 2025

MOTION for Leave to File to Proceed without Local Counsel filed by American College of Obstetricians and Gynecologists and Society for Maternal-Fetal Medicine with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order Granting Amici's Opposed Motion for Leave to Proceed without Local Counsel) (Stewart, Sarah) Modified filers on 3/11/2025 (nht). (Entered: 03/10/2025)

1 Proposed Order Granting Amici's Opposed Motion for Leave to Proceed without

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80 March 12, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney James C. Martin (Filing Fee $100; Receipt number ATXNDC-15332308) filed by American College of Obstetricians and Gynecologists (Stewart, Sarah) Modified payment information on 3/12/2025 (awc). (Main Document 80 replaced with flattened pdf on 3/13/2025) (ars). (Entered: 03/12/2025)

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82 March 12, 2025

ORDER granting 73 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) The Motion is GRANTED. The Clerk of the Court is DIRECTED to file the proposed amicus curiae brief, currently docketed at ECF No. 74, as a separately filed amicus brief. (Ordered by Judge Matthew J. Kacsmaryk on 3/12/2025) (cmk) (Entered: 03/12/2025)

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83 March 12, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Arielle R. Lusardi (Filing fee $100; Receipt number ATXNDC-15334639) filed by American College of Obstetricians and Gynecologists (Stewart, Sarah) (Entered: 03/12/2025)

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84 March 12, 2025

AMICI CURIAE in Support of Defendants' and Defendant-Intervenors' Dispositive Motions filed by If/When/How: Lawyering for Reproductive Justice. re 73 Unopposed MOTION for Leave to File Amicus Brief (cmk) (Entered: 03/12/2025)

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85 March 12, 2025

ORDER granting 71 Application for Admission Pro Hac Vice of Lauren Paulk. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 3/12/2025) (cmk) (Entered: 03/12/2025)

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86 March 12, 2025

ORDER granting 72 Application for Admission Pro Hac Vice of Nina Dutta. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 3/12/2025) (cmk) (Entered: 03/12/2025)

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87 March 12, 2025

ORDER granting 77 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) The Motion is GRANTED. The Clerk of the Court is DIRECTED to file the proposed amicus curiae brief, currently docketed at ECF No. 77-1, as a separately filed amicus brief. (Ordered by Judge Matthew J. Kacsmaryk on 3/12/2025) (cmk) (Entered: 03/12/2025)

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88 March 12, 2025

AMICUS BRIEF in Support filed by American College of Obstetricians and Gynecologists, Society for Maternal-Fetal Medicine. re 77 Unopposed MOTION for Leave to File Amicus Brief (cmk) (Entered: 03/12/2025)

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89 March 12, 2025

ORDER granting 79 Motion for Leave to Proceed Without Local Counsel. (Ordered by Judge Matthew J. Kacsmaryk on 3/12/2025) (cmk) (Entered: 03/12/2025)

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90 March 13, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Kristin B. Parker (Filing fee $100; Receipt number ATXNDC-15336265) filed by American College of Obstetricians and Gynecologists (Stewart, Sarah) (Main Document 90 replaced with flattened document on 3/14/2025) (awc). (Entered: 03/13/2025)

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91 March 17, 2025

REPLY filed by Carmen Purl, M.D., PLLC, Carmen Purl, M.D. re: 44 MOTION for Summary Judgment (Thompson, Natalie) (Entered: 03/17/2025)

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92 March 17, 2025

NOTICE of Additional Joiners to Amicus Brief re: 88 Brief/Memorandum in Support of Motion filed by American College of Obstetricians and Gynecologists, Society for Maternal-Fetal Medicine (Stewart, Sarah) (Entered: 03/17/2025)

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93 March 17, 2025

REPLY filed by Xavier Becerra, Office for Civil Rights of the United States Department of Health and Human Services, Melanie Fontes Rainer, United States Department of Health and Human Services re: 39 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative MOTION for Summary Judgment (Lowenstein, Jody) (Entered: 03/17/2025)

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94 March 17, 2025

REPLY filed by City of Columbus, Ohio, City of Madison, Wisconsin, Doctors for America re: 49 MOTION to Intervene (Selden, Shannon) (Entered: 03/17/2025)

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95 March 18, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Vicki J. Tankle (Filing fee $100; Receipt number ATXNDC-15347220) filed by American College of Obstetricians and Gynecologists (Stewart, Sarah) (Entered: 03/18/2025)

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96 March 19, 2025

ORDER granting 95 Application for Admission Pro Hac Vice of Vicki J. Tankle. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 3/19/2025) (cmk) (Entered: 03/19/2025)

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97 March 19, 2025

ORDER granting 80 Application for Admission Pro Hac Vice of James C. Martin. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 3/19/2025) (awc) (Entered: 03/19/2025)

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98 March 19, 2025

ORDER granting 83 Application for Admission Pro Hac Vice of Arielle R. Lusardi. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 3/19/2025) (ars) (Entered: 03/19/2025)

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99 March 19, 2025

ORDER granting 90 Application for Admission Pro Hac Vice of Kristin B. Parker. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 3/19/2025) (ars) (Entered: 03/19/2025)

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100 March 26, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Sarah B. Johansen (Filing fee $100; Receipt number ATXNDC-15371666) filed by American College of Obstetricians and Gynecologists (Stewart, Sarah) (Entered: 03/26/2025)

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101 March 27, 2025

ORDER granting 100 Application for Admission Pro Hac Vice of Sarah B. Johansen. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 3/27/2025) (awc) (Entered: 03/27/2025)

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Case Details

State / Territory:

Texas

Case Type(s):

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: Oct. 21, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A Texas physician and a private family medicine practice

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Alliance Defending Freedom

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Department of Health and Human Services

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Other Dockets:

Northern District of Texas 2:24-cv-00228

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Affected Sex/Gender(s):

Transgender

Reproductive rights:

Abortion

Reproductive health care (including birth control, abortion, and others)

Recommended Citation