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Northwestern Memorial Hospital v. Ashcroft

United States Court of Appeals for the Seventh Circuit

362 F.3d 923 (2004)

Facts

Dr. Cassing Hammond sued the government, challenging the constitutionality of the Partial-Birth Abortion Ban Act of 2003 (the act). The U.S. government (defendant) obtained a subpoena directing Northwestern Memorial Hospital (Northwestern) (plaintiff) to turn over the medical records of patients on whom Dr. Hammond had performed a partial-birth abortion. The government agreed that all patient-identifying information could be redacted prior to disclosure of the medical records. Northwestern filed a motion to quash the subpoena. The district court granted the motion based on the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The government appealed.

Rule of Law

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Issue

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Holding and Reasoning (Posner, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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Concurrence/Dissent (Manion, J.)

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