The US Court of Appeals for the Fifth Circuit [official website] on Wednesday upheld [opinion, PDF] a Louisiana abortion law “requiring abortion providers to have admitting privileges at a hospital located within thirty miles of the clinic where they perform abortions.”
The court contrasted the Louisiana law, Unsafe Abortion Protection Act [Act factsheet], with the US Supreme Court’s 2016 decision in Whole Woman’s Health [JURIST report], which struck down a restrictive Texas abortion law, saying it passes munster under the Supreme Court’s standards. In support of the decision, the court explained some of the key differences:
[T]here is no evidence that any of the clinics will close as a result of the Act. In Texas, the number of women forced to drive over 150 miles increased by 350%. Driving distances will not increase in Louisiana. Unlike the record in Louisiana, the record in Texas reflected no benefits from the legislation. Finally, because of the closures, the remaining Texas clinics would have been overwhelmed, burdening every woman seeking an abortion. In Louisiana, however, the cessation of one doctor’s practice will affect, at most, only 30% of women, and even then not substantially.
The court assessed the constitutional challenge to determine whether under the Act, “in a large fraction of the cases in which the law is relevant, it will operate as a substantial obstacle to a woman’s choice.” The court determine that the state’s legitimate interest in protecting maternity health and unborn humans, did not substantially burden the large fraction of women seeking abortions in Louisiana.
The court’s opinion overturned the district court, which determined the Act was facially unconstitutional.
Since the Whole Woman’s Health decision, federal courts have shown willingness to uphold legislation that meets the specific criteria. Earlier this month, the US Court of Appeals for the Eighth Circuit reversed [opinion, PDF] a lower court’s decision that required [JURIST report] the clinics set up to provide abortions be designated as ambulatory surgery centers and that doctors who provide abortions must have admitting privileges at local hospitals.