Reproductive Freedom

The firm has served as local counsel for Planned Parenthood of Southwest Ohio www.plannedparenthood.org for more than twenty years. G&B has also frequently represented all of the abortion providers in the State of Ohio. Partners Al Gerhardstein and Jennifer Branch have filed numerous cases challenging Ohio laws restricting reproductive freedom, testified at the legislature against such measures and spoken publicly in an effort to remind citizens about the importance of protecting a woman’s right to make her own reproductive decisions.

Women’s Professional Medical Corp. v. J. Nick Baird, 277 F. Supp.2d 862 (S.D. Ohio 2003) (Judge Marbley), Permanent Injunction obtained for abortion provider who was ordered by the Ohio Department of Health to cease and desist operations. ODH was undue burden on a woman’s right to choose and a violation of due process. Attorney fees awarded. Affirmed in part 438 F. 3d. 595(6th Cir. 2006); Order Granting Permanent Injunction .

Planned Parenthood Cincinnati Region v. Bob Taft, No. 04-4371 (6th Cir. Decision February 24, 2006) (With Planned Parenthood Federation Counsel). Enjoined statute regulating medication abortions; decision holding statute vague.

Challenge to HB 421, which requires in-person meeting with physician 24 hours before abortion and replaces parental notice with parental consent for abortion. Limits on parental by-pass petitions held unconstitutional. Remainder of Statute upheld. 468 F.3d 361 (6th Cir. 2006)

Women’s Medical Professional Corporation v. Taft, trial 2001, constitutional challenge to Ohio House Bill 351, the “partial birth abortion” law successful at district court but reversed on appeal. Decisions reported at 199 F.R.D. 597 (S.D. Ohio 2001) (Judge Rice) (extending TRO); 114 F. Supp.2d 694 (S.D.OH 2000) (preliminary injunction); 162 F. Supp.2d. 929 (S.D. OH 2001) (permanent injunction); 353 F.3d 436 (6th Cir 2003) reversed .

Jane Doe v. River City Correctional Center, (S.D. OH 1999) (Judge Dlott), assisted female prisoner in obtaining right to have an abortion by securing TRO in federal court for client to be transported from local correctional center to abortion clinic. Decision at 92 F. Supp.2d 694(S.D. OH 1999).

Women’s Medical Professional Corp v. Voinovich, 130 F.3d 187 (6th Cir. 1997), 911 F.Supp. 1051 (S.D. Ohio 1995) cert. denied 523 U.S. 1036 (1998). Successful challenge to 1995 Ohio abortion statute (co counsel with Center for Reproductive Health).

Planned Parenthood Ass'n. v. City of Cincinnati, 632 F.Supp. 994 (S.D. Oh., 1986), affirmed, 822 F. 2d 1390 (6th Cir. 1987). Cincinnati fetus disposal ordinance enjoined as unconstitutional interference with a woman's right to secure abortion services.

Planned Parenthood Ass'n. of Cinti., Inc. v. Project Jericho, 52 Ohio St.3d 56 (1990). Affirm contempt convictions of anti-choice picketers and affirm the certification of a defendant class.

In Re Jane Doe 1, 57 Ohio St. 3d (1991). First appeal in Ohio under new parental notification of abortion statute.

For more cases see resume for Alphonse A. Gerhardstein and Jennifer L. Branch