Friday, February 26, 2016
Fifth Circuit Strikes Again and Stays District Court Decision Blocking "Clinic Shut-Down" Law
Rh Reality Check (Feb. 25, 2016): Fifth Circuit Rules Louisiana Clinic Closure Law Can Take Effect, Raising Stakes in Supreme Court Fight, by Jessica Mason Pieklo:
The Fifth Circuit has granted an emergency stay of a district court decision that preliminarily enjoined a Louisiana law requiring that doctors providing abortions have admitting privileges at local hospitals. The district court concluded that the law imposed an undue burden following a six day trial. The Center for Reproductive Rights indicated that it will see an emergency relief from the Supreme Court. If the law goes into effect, all but one of Louisiana's clinics will be forced to close.
The Fifth Circuit decision comes a week before the Supreme Court is scheduled to hear oral argument on a similar law from Texas. In the Texas case, petitioners are also challenging a decision from the Fifth Circuit that found an admitting privilege and ambulatory surgical center requirements that would close 75% of abortion providers did not constitute an undue burden.