192690P.pdf   01/05/2021  Little Rock Fam. Planning Svcs  v.  Leslie Rutledge
   U.S. Court of Appeals Case No:  19-2690
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Loken, Author, with Shepherd and Erickson, Circuit Judges] 
   Civil case - Abortion law. In this challenge to the constitutionality of 
   three Arkansas statues enacted in 2019 regulating abortion, the district 
   court did not err in entering an order granting a preliminary injunction 
   against the enforcement of Act 493 (Ark. Code Ann. Sec. 20-16-2004 which 
   bans providers from performing an abortion when the "probable age" of the 
   fetus is determined to be greater than 18 week) or Act 619 (Ark. Code Ann. 
   Sec. 20-16-2103 which prohibits a provider from intentionally performing 
   an abortion with knowledge that the woman is seeking the abortion "solely 
   on the basis" that the fetus has Down syndrome); the portion of the appeal 
   challenging the preliminary injunction of enforcement of Act 700 (Ark. 
   Code Ann. Sec. 20-16-606 which provides that a person who performs an 
   abortion must be a licensed physician, board-certified or board-eligible 
   in obstetrics and gynecology) is dismissed as moot, and the matter is 
   remanded to the district court with directions to vacate this part of its 
   Preliminary Injunction order; defendant's appeal of the district court's 
   consolidation orders is dismissed, and their request that the case be 
   reassigned on remand is denied; the parties shall bear their own costs on 
   appeal as there is no prevailing party for purposes of 42 U.S.C. Sec. 
   1988(b). Judge Shepherd, with whom Judge Erickson joins, concurring.