5th Circuit Again Considers Abortion Laws
At the beginning of this month, I blogged about the 5th Circuit’s Texas decision – applauded by some as responsibly upholding legislation that supports women’s health and criticized by others concerned that it will cause an undue burden on access to abortions and possibly hinder health by causing some women to dangerously take matters into their own hands. Here we are at the end of the month and the 5th Circuit is once again facing the same issue. However, this time it may answer some questions left unanswered in the prior case.
While the prior case upheld the legislation requiring abortion clinics to have admitting privileges at a hospital, it also held that the issue of undue burden was not ripe for consideration; after all, there still exists multiple options for abortions throughout the state. However, the state of Mississippi is down to only one abortion clinic. Surely this fact was discussed during oral arguments yesterday. When you couple the lack of access to clinics, especially if this last clinic is forced to close, with the concern raised in the Texas case that allowing hospitals to have control over providing admitting privileges to abortion clinic practitioners might effectively kill off all abortion clinics, it is clear to see the dilemma. Jackson Women’s Health Organization, the clinic in question, has stated that it has requested, and been denied, admitting privileges by thirteen different medical facilities. Similar laws are being pushied in Louisiana, Oklahoma and Alabama, causing at least one media outlet to question if this is the beginning of end of abortion access in the South.
Of note, this is a different three judge panel than the one presiding over the Texas case. I suspect SCOTUS will eventually be weighing in on this debate.