Planned Parenthood of Wisconsin is continuing its legal battle with the state over a law that would require doctors performing abortions to have admitting privileges at local hospitals.
Federal Judge William Conley struck down the admitting privileges law in March, calling it a solution in search of a problem. He said the law had the narrow purpose of limiting women’s access to abortions.
The state appealed in May arguing that courts shouldn’t second guess a Legislature’s decision about how best to protect maternal health. Nicole Safar, Planned Parenthood’s policy director, said a brief filed this week in federal appeals court simply reiterates Judge Conley’s ruling.
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“Judge Conley said ‘this law is unenforceable because it is unrelated to protecting the health and safety of women, and therefore it’s an unconstitutional burden on a woman’s right to access abortion services,’” Safar said.
The state has two weeks to file a response brief. There is no schedule yet for oral arguments in the case.
Similar laws face legal challenges in five other states.
According to the Guttmacher Institute, laws requiring hospital-admitting privileges for doctors performing abortions face challenges now in Wisconsin, Oklahoma, Mississippi, Louisiana, Kansas, and Alabama. Similar laws have survived legal challenges are now being enforced in Texas, Tennessee, Utah, North Dakota, Missouri and Arizona.
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