Monday, May 31, 2021

2nd Circuit Panel Grants Rehearing In New York Abortion Protest Case

As previously reported, in People of the State of New York v. Griepp, (ED NY, July 20, 2018), a New York federal district court, in a 103-page opinion, refused to grant the New York Attorney General a preliminary injunction against anti-abortion protesters who had been clashing with volunteer clinic escorts outside a Queens medical center.  The suit alleged that the protesters violated the federal Freedom of Access to Clinic Entrances Act (FACES), the New York Clinic Access Act (NYSCAA) and a similar New York City provision. On appeal, a 3-judge panel of the 2nd Circuit (March 10, 2021) (full text of opinions) in 3 opinions spanning 172 pages disagreed with most of the district court's conclusions. Now in an Order (full text) issued May 28, the panel vacated its opinion and granted a rehearing. The Order provides that in the meantime, the decision of the district court remains in place.