On Wednesday, the 5th U.S. Circuit Court of Appeals ruled that a Louisiana law (Act 620) requiring abortion providers to have admitting privileges at nearby hospitals could take effect while litigation challenging the requirement continues, Reuters reports (Herskovitz, Reuters, 2/24).
Background
The law 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. Later that month, U.S. District Judge John 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.
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. In early 2016, deGravelles ruled that the admitting privileges requirement is unconstitutional and finalized a preliminary injunction barring the enforcement of the requirement. The state then appealed the ruling to the 5th Circuit (Women's Health Policy Report, 2/17).
DeGravelles has not yet issued a ruling on the law itself.
Ruling details
The 5th Circuit's ruling blocks deGravelles' temporary injunction on the law, the AP/Sacramento Bee reports (Burdeau, AP/Sacramento Bee, 2/24). The three judge panel wrote, "We reversed the district court and permitted the law to go into effect because the plaintiffs had not demonstrated that the law placed an undue burden on a large fraction of women."
CRR said it plans to appeal the decision to the U.S. Supreme Court (Reuters, 2/24).
Implications
Opponents of the law have said the admitting privileges requirement will effectively prevent women from accessing abortion care (AP/Sacramento Bee, 2/24). According to CRR, the 5th Circuit's decision to allow the law to take effect means only one abortion provider will be able to continue providing care.
Nancy Northup, president of CRR, said, "Today's ruling thrusts Louisiana into a reproductive health care crisis, where women will face limited safe and legal options when they've made the decision to end a pregnancy" (Reuters, 2/24).
