Abortion clinics appeal to Supreme Court to block Louisiana law

The Center for Reproductive Rights (CRR) filed an emergency appeal to the US Supreme Court on Monday to prevent enforcement of a Louisiana law that establishes admitting privileges for doctors performing abortions.

The Unsafe Abortion Protection Act, also known as Act 620 requires any physician providing abortion services in Louisiana to have admitting privileges at a hospital within 30 miles of the procedure. In a September opinion the US Court of Appeals for the Fifth Circuit upheld the law, and the regulations are to be effective February 4, 2019.

Passed in 2014, Act 620 contains the same provisions as Texas law HB 2, which was struck down by the Supreme Court in 2016. The case, Whole Woman’s Health v. Hellerstedt, determined that such a law does not create enough benefit to justify the burden it imposes on women seeking an abortion. In applying this substantial burden test, the law is unconstitutional.

In their petition, CRR argues that the Fifth Circuit’s decision is in direct conflict with precedent set forth by the Supreme Court. Furthermore, CRR cites the district court’s acknowledgement that implementing Act 620 will result in only one abortion clinic remaining open in Louisiana. Currently, there are only three abortion clinics throughout the state. CRR contends that abortion access would be virtually eliminated in Louisiana if the decision is upheld, infringing on women living in the state’s constitutional right to have the procedure.

The emergency petition by CRR asks the Supreme Court to stay the Fifth Court of Appeal’s mandate before its effective date.

Source: Jurist