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Gonzales v. Carhart: Amicus brief of the women seeking second trimester abortions

MOTION FOR LEAVE TO FILE OUT OF TIME BRIEF AMICI CURIAE IN SUPPORT OF RESPONDENTS IN RELATED CASE, GONZALES V. CARHART, ET AL.

The Institute for Reproductive Health Access and fifty-two additional clinics and organizations (see Appendix) that work with and/or on behalf of women seeking second-trimester abortions, respectfully move this Court to grant them leave to file the attached brief as amici curiae in Gonzales v. Carhart, et al., No. 05-380.
All of the parties have consented to the filing of the attached brief in support of the Respondents in both Gonzales v. Planned Parenthood Federation of America, et al., 05-1382, and Gonzales v. Carhart, et al., 05-380. Those letters of consent have been submitted to this Court.

The above-captioned case and Gonzales v. Carhart are related, and both raise identical constitutional issues regarding the Federal Abortion Ban. See Partial-Birth Abortion Ban Act of 2003, Pub. L. No. 108-105, 117 Stat. 1201 (codified at 18 U.S.C. § 1531). Both cases are scheduled to be heard by the Court on the same day, and the parties in both cases have all consented to the participation of amicus curiae in the Gonzales v. Carhart case.

Amici curiae were originally scheduled to file the attached brief in support of Respondents in both cases on August 10, 2006. Amici curiae were advised that the Clerk’s Office of this Court, however, would consider briefs to be timely filed in both cases if submitted by the date of filing in Gonzales v. Planned Parenthood Federation of America. See Exh. A.

Amici curiae relied upon the Clerk’s Office statement, and did not file its brief on August 10, 2006. It is our understanding that the Clerk’s Office has subsequently advised that leave of this Court will be required in order for the attached brief to be considered timely in Carhart. Petitioner will not be prejudiced by this Court granting leave to amici curiae in Carhart, and the information and arguments presented in the brief submitted by amici curiae are equally relevant to both cases.
Accordingly, amici curiae request that the Court grant them leave to file a jointly-captioned brief in support of Respondents in both cases, and direct the Clerk to accept this brief out-of-time in Gonzales v. Carhart, No. 05-380 and to docket the brief in accord with the foregoing.

Dated: September 20, 2006

Respectfully submitted,

J. PETER COLL, JR.

LINDA A. ROSENTHAL

RENE A. KATHAWALA
ORRICK,
HERRINGTON &
SUTCLIFFE LLP

666 Fifth Avenue
New York, NY 10103
(212) 506-5000

Counsel for Amici Curiae