Supreme Court blocks enforcement of Louisiana abortion clinic restrictions

Mar 05, 2016, 19:42

Before the Texas Legislature adopted the two new restrictions, there were 41 clinics in Texas that performed abortions, but after the law was passed - and before it was blocked by the high court - that number dropped to 19, and is likely to drop to 10 clinics in the state if the court upholds the law. Two clinics already had closed following a federal appeals court ruling that upheld the law, and a third closing was anticipated.

The law requires doctors who provide abortions to have admitting privileges at nearby hospitals. The Center for Reproductive Rights and the Louisiana abortion centers behind the lawsuit indicated they would appeal to the Supreme Court. If the majority of Louisiana's clinics were to have remained shuttered, the closest provider of safe and legal abortion for many women in the state would have been in Jackson, Mississippi-a clinic that is only open due to a court order obtained by the Center for Reproductive Rights.

During the hearing on Wednesday, the justices seemed divided over the fate of the Texas abortion law.

In that same courtroom, Stephanie Toti, the plaintiff's attorney, emphasized that the law did put an undue burden on women, particularly in West Texas and the Rio Grande Valley.

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Abortion opponents and abortion-rights supporters faced off outside the Supreme Court this week.

The high court's action sent mixed signals on how it might rule in the Texas case, in part because the justices previously allowed the Texas admitting privileges provision to go into effect. The Texas case, which was argued before the court Wednesday, may give the justices a chance to clarify the issue. "We do not want the Supreme Court to overturn a very common-sense law". These closures are the result of increasing the costs of clinic operation brought on by a class of laws often called Targeted Regulation of Abortion Providers, or TRAP laws, which create physical specifications for clinics as well as staffing and licensing requirements. Today, U.S. Court of Appeals for the Fifth Circuit today granted an extraordinary emergency stay of the federal court decision.

Chief Justice John Roberts and Justice Samuel Alito pressed the lawyer for the clinics, Stephanie Toti, to cite evidence showing that the regulations have had the drastic effect she has claimed. "We are here to stand up for the unborn, and we are here to stand up for the rule of law", Ryan said.

"Because my reading indicated that medical abortions are up nationwide, but down significantly in Texas", he said, adding that "this may not be medically wise".

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Abortion providers say the requirement is medically unnecessary-hospitals accept any patient who developed complications after an abortion, they say, whether the doctor had admitting privileges or not.

Kathaleen Pittman, spokeswoman for Hope Medical Group for Women in Shreveport, said abortion clinics in Shreveport and New Orleans were the only ones operating at the time of the Supreme Court decision Friday afternoon.

"To tell women that they need abortion to be free or to be powerful or to be equal is wrong and misogynistic", said Worden. With about 70,000 abortions each year in Texas, that works out to a rate of less than one-half of 1 percent.

A decision is expected by June.

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MS also has a law requiring doctors to have hospital admitting privileges.

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