Judges: Wisconsin abortion admitting privileges law unconstitutional

24 Nov 2015 | Author: | No comments yet »

Appeals court strikes down Wisconsin abortion safety law.

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. A Wisconsin law that requires abortion providers to get admitting privileges at nearby hospitals is unconstitutional, a federal appeals court panel ruled Monday.

Court of Appeals for the Seventh Circuit today rejected the Walker Administration’s efforts to reinstate a restriction on access to abortion, according to Wisconsin Planned Parenthood. Judge Posner added that the law was created to close down abortion clinics, had nothing to do with women’s health and was a “clear flouting of Roe vs. 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. Over the last five years, states with new Republican majorities have tightened regulations on the abortion industry, and the number of abortions nationwide has declined.

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. He also said that a woman who experiences complications from an abortion will go to the nearest hospital, which will treat her regardless of whether her abortion doctor has admitting privileges there. But the 7th Circuit’s Judge Richard Posner called that argument “nonexistent,” saying the law would cause an abortion facility in the state to close, therefore putting more women in danger by increasing the waiting times for abortions, which could push some procedures into the second trimester. 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. District Judge William Conley in Madison blocked the law almost immediately after it was approved in 2013 and struck it down as unconstitutional this March.

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.

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