In the wake of the U.S. Supreme Court’s ruling to strike down a Texas abortion law as unconstitutional, a number of lower courts have temporarily blocked abortion restrictions in their states.
On July 13, a district judge blocked two state laws that would have effectively closed the only abortion clinics in Huntsville and Tuscaloosa, Alabama. One restriction had prohibited clinics that provide abortions from operating within 2,000 feet of public a school offering kindergarten through 8th grade; the other restriction banned dilation and evacuation procedures during a woman’s second-trimester. The American Civil Liberties Union, along with two local clinics challenged the laws in court. U.S. District Judge Myron Thompson halted the laws until after a hearing in October.
©ETIENJones/thinkstockphotos.com
In Utah, the 10th U.S. Circuit Court of Appeals on July 12 blocked a decision by Utah Gov. Gary R. Herbert (R) to cease providing state and federal funds to Planned Parenthood Association of Utah. The directive to remove funds was due to alleged video evidence about inappropriate fetal tissue practices by Planned Parenthood affiliates outside of Utah, according to court documents. Appeals judges concluded that Planned Parenthood Association of Utah shows a likelihood of success on the merits of their claims.
In Kansas, District Judge Julie A. Robinson on July 5 temporarily threw out a decision by the Kansas Department of Health & Environment to remove Planned Parenthood of Kansas and Mid-Missouri (PPKM) from Medicaid. The removal came in May at the direction of Kansas Gov. Sam Brownback (R) because of the same alleged video evidence and because of PPKM’s alleged failure to cooperate with solid waste disposal inspections, according to court documents. In her order, Judge Robinson said blocking the injunction was in the public’s best interest.
On July 1, a Florida district court blocked enforcement of a state law that prevents state or local funds from going to an organization or clinic that provides abortion services. The law also requires that state officials inspect the medical records of 50% of all abortion patients and defines the trimesters of a pregnancy using terminology different from accepted medical terminology. Planned Parenthood of Southwest and Central Florida sued over the law in early June. In his order, District Judge Robert L. Hinkle said an injunction was justified so that the plaintiffs are not “forced for unconstitutional reasons to dismantle programs unrelated to abortions.”
Meanwhile in Indiana, a federal judge halted a new state law that would have banned abortions sought because of fetal gender, race, or disability. The law also had required that a pregnant woman considering an abortion be given the opportunity to view the fetal ultrasound and hear the auscultation of the fetal heart tone at least 18 hours before the abortion is performed. Planned Parenthood of Indiana and Kentucky sued the state over the law in April. District Judge Tanya Walton Pratt temporarily blocked the law on June 30, saying the restrictions were likely unconstitutional.
The lower court decisions come after a June 27 decision by the Supreme Court finding that two Texas abortion restrictions were unconstitutional and placed a substantial obstacle in the path of women seeking abortions. In a 5-to-3 vote, justices ruled that both provisions of HB 2 create an “undue burden” on abortion access. The majority justices found the requirements – mandating that abortion providers have admitting privileges at a hospital within 30 miles of an abortion clinic in order to provide the service, and that all abortion clinics meet the same requirements as ambulatory surgical centers (ASCs) – are unnecessary and offer little medical advantage to patients. The court struck down both requirements, reversing a decision by the 5th Circuit.
On Twitter @legal_med