Issue: (1) Whether a regulation of abortion doctors is subject to a facial challenge under Ayotte v. Planned Parenthood of Northern New England and Gonzales v. Carhart, when a majority of abortion doctors have already satisfied the requirement, and where the only doctors not already in compliance failed to make diligent efforts; and (2) whether a challenge to a regulation of abortion doctors under the Due Process Clause falls within the “very limited and well-defined class of cases,” City of Columbia v. Omni Outdoor Advertising, Inc., in which inquiry into the legislature’s subjective motives is permissible.
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