U.S. District Judge John deGravelles on Wednesday finalized a preliminary injunction barring the enforcement of an admitting privileges requirement for abortion providers in Louisiana while a legal challenge to the rule continues, AP/ABC News reports (McConnaughey, AP/ABC News, 2/10).
Background
The law (Act 620) requires abortion providers in the state to have admitting privileges at hospitals within 30 miles of the facility where they practice.
Abortion clinics in Shreveport, Bossier City and Metairie filed suit against the law in August 2014. Delta Clinic of Baton Rouge and Women's Health Center in New Orleans filed a separate suit against the law the following month.
In August 2014, deGravelles said the law could take effect as scheduled on Sept. 1, 2014, but he granted a temporary restraining order that blocks the state from enforcing the law. Meanwhile, in December 2014, the Baton Rouge and New Orleans clinics requested their suit be dismissed, citing cost concerns. DeGravelles had been considering the clinics' suit together with the other three clinics' suit, which remained intact.
In March 2015, former Louisiana Gov. Bobby Jindal's (R) administration asked deGravelles to dismiss parts of the suit, arguing that the court should throw out the clinics' claims that the law constitutes a "medically unreasonable" requirement and that lawmakers intended for the law to reduce abortion access.
Ilene Jaroslaw, an attorney for the Center for Reproductive Rights (CRR), which is representing the plaintiffs, argued that case law is not settled on such issues and that the claims should be considered during the trial. She added that dismissing those claims would reduce the ability of the facilities to provide the court with medical evidence that could show that the admitting privileges measure restricts abortion access "with no obvious benefits to women's health."
In May 2015, deGravelles dismissed some claims, ruling that while the law could have a rational basis, it could put too great a burden on women trying to access abortion in the state. Last month, deGravelles ruled that the admitting privileges measure is unconstitutional (Women's Health Policy Report, 1/27). He has not yet issued a final ruling in the case.
Latest developments
According to AP/ABC News, the latest ruling replaces the temporary restraining order.
Immediately after the order was issued, lawyers for the state requested that deGravelles stay the order while they appeal to the 5th U.S. Circuit Court of Appeals. The state intends to appeal the preliminary injunction, as well as deGravelles' earlier decision that the admitting privileges measure is unconstitutional. DeGravelles said he would consider suspending the decision after he receives arguments from attorneys representing the abortion clinics. The deadline for the briefs is Feb. 12, at 5:00 p.m.
According to deGravelles, the state's attorney said he did not want to file briefs (AP/ABC News, 2/10).
CRR noted that courts have blocked similar restrictions in five other states (Brooks, Reuters, 2/10).
