Among the cases I failed to report on last week was Women’s Medical Professional Corp., et al. v. Baird, Nos. 03-4249; 04-3060, in which Judges Gibbons and Sutton team up to vacate an injunction that had been imposed on the Ohio Department of Health on enforcing license requirements on a Dayton, Ohio abortion provider. The Court reminds us that "A party is entitled to a permanent injunction if it can establish that it suffered a constitutional violation and will suffer “continuing irreparable injury” for which there is no adequate remedy at law." It then goes on to analyze how the denial of a license waiver to to the Dayton abortion provider does not impose an undue burden on non-parties, women will otherwise have to travel to Cincinnati for abortions, (or Cleveland if seeking an abortion during the 18th or 19th week of pregnancy). In any event, Judge Gibbons and a district court judge require that the Department of Health provide for an appeal to the same person who denied the request for a waiver before the abortion provider is ordered to cease and desist. Judge Sutton concurs, but does not think any additional process is necessary.