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No. 15-1736 in the UNITED STATES COURT of APPEALS for THE Case: 15-1736 Document: 29 Filed: 06/26/2015 Pages: 32 No. 15-1736 IN THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT PLANNED PARENTHOOD OF WISCONSIN, INC., et al., Plaintiffs-Appellees, v. BRAD D. SCHIMEL, et al., Defendants-Appellants. On Appeal From The United States District Court For The Western District Of Wisconsin No. 13-cv-465, The Honorable William M. Conley, Presiding BRIEF OF AMICI CURIAE THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, THE AMERICAN MEDICAL ASSOCIATION, AND THE WISCONSIN MEDICAL SOCIETY IN SUPPORT OF PLAINTIFFS-APPELLEES’ BRIEF SEEKING AFFIRMANCE OF THE DISTRICT COURT’S ORDER Alan S. Gilbert Leah R. Bruno Kristine M. Schanbacher DENTONS US LLP 233 South Wacker Drive, Suite 5900 Chicago, IL 60606 Phone: (312) 876-8000 Fax: (312) 876-7934 Attorneys for Amici Curiae American College of Obstetricians and Gynecologists, American Medical Association, and Wisconsin Medical Society Case: 15-1736 Document: 29 Filed: 06/26/2015 Pages: 32 APPEARANCE & CIRCUIT RULE 26.1 DISCLOSURE STATEMENT Appellate Court No: 15-1736 Short Caption: Planned Parenthood of Wisconsin, Inc. v. Schimel To enable the judges to determine whether recusal is necessary or appropriate, an attorney for a non-governmental party or amicus curiae, or a private attorney representing a government party, must furnish a disclosure statement providing the following information in compliance with Circuit Rule 26.1 and Fed. R. App. P. 26.1. The Court prefers that the disclosure statement be filed immediately following docketing; but, the disclosure statement must be filed within 21 days of docketing or upon the filing of a motion, response, petition, or answer in this court, whichever occurs first. Attorneys are required to file an amended statement to reflect any material changes in the required information. The text of the statement must also be included in front of the table of contents of the party's main brief. Counsel is required to complete the entire statement and to use N/A for any information that is not applicable if this form is used. [ ] PLEASE CHECK HERE IF ANY INFORMATION ON THIS FORM IS NEW OR REVISED AND INDICATE WHICH INFORMATION IS NEW OR REVISED. (1) The full name of every party that the attorney represents in the case (if the party is a corporation, you must provide the corporate disclosure information required by Fed. R. App. P 26.1 by completing item #3): American College of Obstetricians and Gynecologists American Medical Association Wisconsin Medical Society (2) The names of all law firms whose partners or associates have appeared for the party in the case (including proceedings in the district court or before an administrative agency) or are expected to appear for the party in this court: Dentons US LLP (3) If the party or amicus is a corporation: i) Identify all its parent corporations, if any; and None ii) list any publicly held company that owns 10% or more of the party's or amicus' stock: None Attorney's Signature: S/ Alan S. Gilbert Date: 6/24/2015 Attorney's Printed Name: Alan S. Gilbert Please indicate if you are Counsel of Record for the above listed parties pursuant to Circuit Rule 3(d). Yes X No Address: Dentons US LLP 233 South Wacker Drive, Suite 5900, Chicago, Illinois 60606 Phone Number: 312-876-8000 Fax Number: 312-876-7934 E-Mail Address: [email protected] rev. 01/15 GA American LegalNet, Inc. www.FormsWorkFlow.com Case: 15-1736 Document: 29 Filed: 06/26/2015 Pages: 32 APPEARANCE & CIRCUIT RULE 26.1 DISCLOSURE STATEMENT Appellate Court No: 15-1736 Short Caption: Planned Parenthood of Wisconsin, Inc. v. Schimel To enable the judges to determine whether recusal is necessary or appropriate, an attorney for a non-governmental party or amicus curiae, or a private attorney representing a government party, must furnish a disclosure statement providing the following information in compliance with Circuit Rule 26.1 and Fed. R. App. P. 26.1. The Court prefers that the disclosure statement be filed immediately following docketing; but, the disclosure statement must be filed within 21 days of docketing or upon the filing of a motion, response, petition, or answer in this court, whichever occurs first. Attorneys are required to file an amended statement to reflect any material changes in the required information. The text of the statement must also be included in front of the table of contents of the party's main brief. Counsel is required to complete the entire statement and to use N/A for any information that is not applicable if this form is used. [ ] PLEASE CHECK HERE IF ANY INFORMATION ON THIS FORM IS NEW OR REVISED AND INDICATE WHICH INFORMATION IS NEW OR REVISED. (1) The full name of every party that the attorney represents in the case (if the party is a corporation, you must provide the corporate disclosure information required by Fed. R. App. P 26.1 by completing item #3): American College of Obstetricians and Gynecologists American Medical Association Wisconsin Medical Society (2) The names of all law firms whose partners or associates have appeared for the party in the case (including proceedings in the district court or before an administrative agency) or are expected to appear for the party in this court: Dentons US LLP (3) If the party or amicus is a corporation: i) Identify all its parent corporations, if any; and None ii) list any publicly held company that owns 10% or more of the party's or amicus' stock: None Attorney's Signature: S/ Leah R. Bruno Date: 6/24/2015 Attorney's Printed Name: Leah R. Bruno Please indicate if you are Counsel of Record for the above listed parties pursuant to Circuit Rule 3(d). Yes No X Address: Dentons US LLP 233 South Wacker Drive, Suite 5900, Chicago, Illinois 60606 Phone Number: 312-876-8000 Fax Number: 312-876-7934 E-Mail Address: [email protected] rev. 01/15 GA American LegalNet, Inc. www.FormsWorkFlow.com Case: 15-1736 Document: 29 Filed: 06/26/2015 Pages: 32 APPEARANCE & CIRCUIT RULE 26.1 DISCLOSURE STATEMENT Appellate Court No: 15-1736 Short Caption: Planned Parenthood of Wisconsin, Inc. v. Schimel To enable the judges to determine whether recusal is necessary or appropriate, an attorney for a non-governmental party or amicus curiae, or a private attorney representing a government party, must furnish a disclosure statement providing the following information in compliance with Circuit Rule 26.1 and Fed. R. App. P. 26.1. The Court prefers that the disclosure statement be filed immediately following docketing; but, the disclosure statement must be filed within 21 days of docketing or upon the filing of a motion, response, petition, or answer in this court, whichever occurs first. Attorneys are required to file an amended statement to reflect any material changes in the required information. The text of the statement must also be included in front of the table of contents of the party's main brief. Counsel is required to complete the entire statement and to use N/A for any information that is not applicable if this form is used. [ ] PLEASE CHECK HERE IF ANY INFORMATION ON THIS FORM IS NEW OR REVISED AND INDICATE WHICH INFORMATION IS NEW OR REVISED. (1) The full name of every party that the attorney represents in the case (if the party is a corporation, you must provide the corporate disclosure information required by Fed. R. App. P 26.1 by completing item #3): American College of Obstetricians and Gynecologists American Medical Association Wisconsin Medical Society (2) The names of all law firms whose partners or associates have appeared for the party in the case (including proceedings in the district court or before an administrative agency) or are expected to appear for the party in this court: Dentons US LLP (3) If the party or amicus is a corporation: i) Identify all its parent corporations, if any; and None ii) list any publicly held company that owns 10% or more of the party's or amicus' stock: None Attorney's Signature: S/ Kristine M. Schanbacher Date: 6/24/2015 Attorney's Printed Name: Kristine M. Schabacher Please indicate if you are Counsel of Record for the above listed parties pursuant to Circuit Rule 3(d). Yes No X Address: Dentons US LLP 233 South Wacker Drive, Suite 5900, Chicago, Illinois 60606 Phone Number: 312-876-8000 Fax Number: 312-876-7934 E-Mail Address: [email protected] rev. 01/15 GA American LegalNet, Inc. www.FormsWorkFlow.com Case: 15-1736 Document: 29 Filed: 06/26/2015 Pages: 32 TABLE OF CONTENTS STATEMENT OF AMICI CURIAE ......................................................................................1 SUMMARY OF ARGUMENT .............................................................................................3 ARGUMENT.........................................................................................................................4 I. ABORTION IS A SAFE MEDICAL PROCEDURE THAT ACT 37 ARBITRARILY TARGETS FOR DISPARATE TREATMENT. ...............................................................4 A. Peer Reviewed Scientific Research Demonstrates Abortion Is An Extremely Safe Medical Procedure. ..............................................................4 B. Physicians Who Perform Other Outpatient Medical Procedures In Wisconsin, Including Procedures With Higher Risks of Morbidity And Mortality Than Abortion, Are Not Required To Obtain Admitting Privileges........................................................................................................6 II. ACT 37’S ADMITTING PRIVILEGES REQUIREMENT IS AN UNNECESSARY REGULATION THAT HAS NO POSITIVE EFFECT ON THE QUALITY OF HEALTH CARE THAT A PATIENT RECEIVES. .........................................................8 A. Act 37’s Requirement That Abortion Providers Obtain Admitting Privileges Is Inconsistent With Accepted Medical Practice. .........................9 B. Other Policies and Procedures Already In Place Effectively Help Abortion Providers Procure Urgent Care For A Patient In The Event Of A Complication.........................................................................................11 III. ACT 37 WOULD NEGATIVELY IMPACT THE HEALTH AND WELLBEING OF WOMEN IN WISCONSIN BECAUSE IT WOULD DELAY AND/OR PREVENT ACCESS TO ABORTION PROVIDERS IN WISCONSIN................................................13 A.
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