A Woman's Friend Pregnancy Resource Clinic v. Harris

MEMORANDUM

A Woman’s Friend Pregnancy Resource Clinic, et al. (collectively A Woman’s Friend) appeals from the district court’s denial of their motion for a preliminary injunction to prevent the enforcement of the California Reproductive Freedom, Accountability, Comprehensive Care, and Transparency Act (the FACT Act or the Act). We have jurisdiction under 28 U.S.C. § 1292 (a)(1), and we affirm.

1. The district court properly found that A Woman’s Friend cannot demonstrate a likelihood of success on their First Amendment free speech or free exercise claims. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 , 129 S.Ct. 365 , 172 L.Ed.2d 249 (2008). With respect to the free speech claim, the Act regulates licensed clinics’ professional speech, and is subject to intermediate scrutiny, which it survives. See Nat’l Inst. of Family & Life Advocates (NIFLA) v. Harris, No. 16-55249, Slip op. at 26-34, 2016 WL 5956734 (9th. Cir. 2016). The Act’s notice that applies to unlicensed clinics survives any level of review. See id. at 34-37. With respect to the free exercise claim, the Act is a neutral law of general applicability, which survives rational basis review. See id. at…