Louisiana abortion clinics on Friday filed an emergency appeal asking the U.S. Supreme Court to block an appeals court decision allowing an admitting privileges provision in a state law (Act 620) to take effect while litigation challenging the requirement continues, the AP/Colorado Springs Gazette reports.
According to the AP/Gazette, Justice Clarence Thomas will receive the petition. Thomas -- who currently receives all emergency motions from Louisiana, Mississippi and Texas in the wake of Justice Antonin Scalia's death -- could either respond independently to the petition or involve the rest of the Supreme Court justices (AP/Colorado Springs Gazette, 2/26).
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 blocked 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. DeGravelles has not yet issued a ruling on the law itself.
The state appealed the ruling to the 5th U.S. Circuit Court of Appeals, which blocked deGravelles' temporary injunction on the law and allowed it to take effect while it is being challenged (Women's Health Policy Report, 2/25).
Appeal details
In the appeal to the Supreme Court, CRR said only one clinic in the state would be able to remain open if the law is allowed to take effect.
According to CRR, clinics based in Baton Rouge and Bossier City have already had to suspend abortion care. A third clinic, based in Shreveport, would also have to stop providing abortion care under the law (AP/Colorado Springs Gazette, 2/26).
La. clinic to stop performing abortions
In related news, the abortion clinic in Baton Rouge which stopped offering abortion care under the admitting privileges law said it will refer women seeking the procedure to the Women's Health Center, which is based in Orleans Parish. The Baton Rouge facility, called the Delta Clinic, still will offer abortion counseling.
