Breaking news: Federal court rules Wisconsin abortion law unconstitutional

[HereSince1628]

ssociated Press |

MADISON, Wis. (AP) — A Wisconsin law that requires abortion providers to get admitting privileges at nearby hospitals is unconstitutional, a federal appeals court panel ruled Friday.

The 7th U.S. Circuit Court of Appeals panel's ruling comes in a lawsuit filed by Planned Parenthood and Affiliated Medical Services. The groups argue that the 2013 law amounts to an unconstitutional restriction on abortion. The law has been on hold since a federal judge struck it down earlier this year.
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The law's supporters argue that the Republican-backed statutes would ensure continuity of care if a woman developed complications from an abortion and needed to be hospitalized.

But the lawsuit said the statute would force AMS's clinic in Milwaukee to close because its doctors couldn't get admitting privileges. That in turn would lead to longer waits at Planned Parenthood clinics. Therefore, the lawsuit maintained, the law amounts to an illegal restriction on abortions.

U.S. District Judge William Conley sided with the abortion providers in March, saying the law served no legitimate health interest. The Wisconsin Department of Justice later appealed to the 7th Circuit.

[spanone]

1. K&R...

[Shrike47]

2. May the Supreme Court agree.

[HereSince1628]

6. Yes, but all three judges on this panel seemed to agree

that the basis of the law--insuring women can continue care if something goes wrong--was spurious.

[hifiguy]

3. Any word on who the other judges on the panel were?

[HereSince1628]

13. judges were Richard Posner Daniel Manion and David Hamilton

[hifiguy]

14. Manion? Wow.

He was considered to be a RWNJ back when Raygun nominated him. Apparently he changed or the world changed around him.

Posner left their ship a LONG time ago. He actually believes in the Constitution. And has also very publicly called Fat Tony Scalia an unprincipled intellectual fraud. At considerable length. See: https://newrepublic.com/article/106441/scalia-garner-reading-the-law-textual-originalism

[NurseJackie]

15. love this ... thanks!

[hifiguy]

24. De nada. It's a wonderful piece.

Scalia is not stupid - mean and crazy, yes - but not stupid. But Posner, who is MUCH smarter, takes him apart like a cheap toy. Burns him to the waterline and dynamites the wreckage for good measure. It's a treat if you like destruction via the written word.

[Xipe Totec]

4. law would be fair, if it forced hospitals to grant admitting privileges to all abortion providers

But that wasn't the purpose of the law, was it?

[HereSince1628]

7. The WI law was pretty much the same as the Texas' law

Each set of decisions in federal court create arguments SCOTUS will have to consider...

[Xipe Totec]

8. Only if there's a split in the district court decisions.

Otherwise, they can just decline to get involved and let the district court decisions stand.

[TBF]

12. The Court granted cert this month -

they are going to hear the TX case.

http://www.courthousenews.com/2015/11/13/high-court-takes-up-texas-abortion-rules.htm

The grant of certiorari comes five months after the Fifth Circuit upheld most of a Texas law that specifies abortions must be performed in hospital-style surgical centers and can only be performed by doctors with admitting privileges to hospitals within 30 miles.

[Xipe Totec]

18. Shit. eom.

[TBF]

11. The TX law involved abortions

being done at 7 surgical centers.

Coincidentally (or not), our governor at the time Rick Perry's sister was on the board of directors for these surgical centers. They like to control women, and even better if they can make a profit while doing so. Smh.

[smirkymonkey]

5. Good!

[riversedge]

9. Smackdown for Gov Walker

Made my day

[HereSince1628]

10. -And- his teahadi dominated legislature.

[davidn3600]

17. Remember the Republican psycho in the legislature going nuts over abortion a few years ago?

[HereSince1628]

19. When he hit me with the gavel I forgot everything...

Not really...but

I can remember when that was considered bad behavior rather than heroic leadership.

[hifiguy]

22. So that's the guy they were paging in this Monty Python sketch? Who knew?

[riversedge]

28. How did you remember Mike Ellis was in this skit??

[riversedge]

27. mike Ellis used to be a fairly good moderate until he linked up with the Walker gang.

Then he went downhill mighty fast.

[brer cat]

16. K&R

[Tarheel_Dem]

20. K&R

[rocktivity]

21. While they're at it

could they possibly rule Scott Walker unconstitutional as well?


rocktivity

[hifiguy]

23. Do they have jurisdiction over Lizard People?

And so many, including me, thought he would probably be the Klown Kar survivor.

Making predictions about lunatics - the repig primary electorate - is fraught with dangers and difficulties.

[niyad]

25. k and r for this small victory for women.

[herding cats]

26. Good news! I'll take it with a smile. nt

[Proud Liberal Dem]

29. Good news!

SCOTUS is going to have to wrestle with deciding whether having a technical legal right to abortion under the law matters if a right to choose ceases to exist as a practical matter because of laws like this that seek to deny access to women without outright making abortion illegal. Let's hope that they make this crucial distinction.