DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

042674P.pdf   11/16/2005  Reproductive Health  v.  Jeremiah Nixon
   U.S. Court of Appeals Case No:  04-2674
   Western District of Missouri   
   [PUBLISHED] [Loken, Author, with Fagg and Bye, Circuit Judges]
   Civil case - abortion. District court did not err in granting plaintiffs
   injunctive relief concerning enforcement of Missouri's informed consent
   provision - Mo. Rev. Stat. Sec. 188.039; however, the scope of the
   preliminary injunction was overbroad in that the court erred in: (1)
   granting an injunction which encompassed subsection 5 of Section
   188.039, thereby preventing the State from developing a mandated form
   and (2) failing to clarify that the State is not enjoined from enforcing the
   informed consent requirement upheld in Planned Parenthood v. Casey,
   505 U.S. 833 (1992); district court erred in extending the injunction to
   Attorney General Nixon as neither the Governor nor any state trial court
   has directed him to take action to enforce the statute. Judge Bye,
   dissenting.