Federal court strikes down Wisconsin abortion law as unconsitutional

25 Nov 2015 | Author: | No comments yet »

Federal Appeals Court Dropkicks Scott Walker’s Bogus Abortion Law Into the Sun.

A US appeals court has ruled that a Wisconsin law requiring that abortion providers have admitting privileges at a local hospital, is unconstitutional. Federal appeals judges on Monday agreed with a lower court that a politically polarizing 2013 abortion law is unconstitutional, finding it endangered the health of women. Abortion providers, Planned Parenthood and Affiliated Medical Services (AMS), sued the state arguing that the law effectively restricted access to abortions in Wisconsin. Section 9 explicitly allows the “grandparents” of the “unborn child” to sue the abortion provider for “emotional and psychological distress.” Act 37 is a bullcrap law.

A panel of the 7th Circuit Court of Appeals in Chicago in a 2-1 ruling concluded Monday the medical benefit to the requirement was “nonexistent” and “cannot be taken seriously as a measure to improve women’s health.” Supporters of the law argued that requiring doctors performing procedures to have local admitting privileges would ensure that patients receive continuous care should complications arise that warrant hospitalization. What makes no sense is to abridge the constitutional right to an abortion on the basis of spurious contentions regarding women’s health – and the abridgment challenged in this case would actually endanger women’s health.

Planned Parenthood clinics picking up the additional caseload would likely see increases in wait times, making it more difficult to women to schedule procedures, according to the lawsuit. Less than two weeks ago, the nation’s high court agreed to take a case challenging a Texas law that includes a similar admitting privilege provision. The law’s supporters argued that the Republican-backed statutes would ensure continuity of care if a woman developed complications from an abortion and needed to be hospitalized.

Dissenting was Judge Daniel Manion, who said admitting privileges requirement helps protects women’s health and doesn’t amount to an undue constitutional burden. “The solution to the plaintiffs’ problems is that they find more qualified doctors, not that the state relax – or that we strike down as unconstitutional – precautions taken by the state to protect the health and safety of pregnant women who have chosen to end their pregnancies,” Judge Manion wrote. In those instances, complications could occur 100 miles or more away from the hospital where the doctor who gave her the medication has admitting privileges, he said. The third judge on the panel, David Hamilton, questioned how the state could suggest it was acceptable for women to travel to Chicago or Minneapolis if the law forced the Milwaukee clinic to close. The US Supreme Court, is set to hear a similar case in Texas, an oral argument will likely be heard early next year with a decision issued by late June.

The judge peppered an attorney for the state with skeptical questions, brought up comments Walker made on abortion during his brief run for the presidency, and stated he didn’t believe the abortion law provided any health benefits. Texas asked the Supreme Court on Monday for more time to answer the Obama administration’s immigration appeal, a delay that probably would prevent the plan to shield millions of immigrants from deportation from taking effect during President Obama’s time in office. If the justices agree to the state’s request, the administration’s plan would miss the court’s informal deadline for a decision by the end of June. The plan that Obama unveiled a year ago mainly affects people who are living in the country illegally but who have children who are U.S. citizens or lawful permanent residents. Unless the court were to take the rare step of scheduling an argument in May, the issue would not be heard by the justices until the fall or decided before spring 2017.

The group’s CEO, Teri Huyck, said the law was intended “to put obstacles in the path of women seeking safe, legal abortion care in Wisconsin.” The Wisconsin Department of Justice, run by Republican Attorney General Brad Schimel, defended the law. Man indicted in deputy’s killing: The man accused of repeatedly shooting a Houston-area sheriff’s deputy at a gas station has been indicted on a capital murder charge. Two men charged in death of pastor’s pregnant wife: Two Indianapolis men have been charged with the killing of a pastor’s pregnant wife during an apparent home burglary, law enforcement officials said Monday. Admitting privileges allow doctors to admit patients to a hospital and treat them there, but privileges are not needed to get a patient into a hospital in emergencies. FDA expands approval of drug to treat kidney cancer: Federal health regulators have expanded approval of a cancer drug from Bristol-Myers Squibb to treat an advanced form of kidney cancer.

The Food and Drug Administration said the injectable drug, Opdivo, is approved for patients with renal cell carcinoma who have previously tried certain other drugs.

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