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Court Strikes Down Admitting Privileges Requirement For Abortion Providers

Federal Appellate Judges Find That Law Amounts To Unconstitutional Restriction On Abortions

Shawn Johnson/WPR News.

Abortion rights advocates have won a second federal court victory against a Wisconsin law that requires hospital admitting privileges for doctors who perform abortions.

A three-judge appeals court panel in Chicago handed down a 2-1 ruling on Monday against the admitting privileges requirements that were signed into law two years ago by Gov. Scott Walker. The appellate ruling upholds the ruling of a Madison district court judge who found the law unconstitutional and an undue burden on women seeking an abortion.

Planned Parenthood and Affiliated Medical Services challenged the law in 2013, arguing it would force AMS’ Milwaukee clinic to close because its doctors couldn’t get admitting privileges.

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The ruling comes as the U.S. Supreme Court has agreed to review a similar law from Texas.

“What happens in the future, happens in the future,” said Pines. “But right now, this law is enjoined in Wisconsin, and women in this state are free to have access to safe and legal abortion services.”

The Wisconsin Justice Department said the nation’s high court will decide the issue, although Pines said the Wisconsin and Texas cases are distinct enough for the Wisconsin law to potentially come back to the appellate court for a second look.

A spokeswoman for Walker told WPR early Tuesday: “While the central part of the law remains in effect, we believe the portion of the law related to admitting privileges is constitutional and will ultimately be upheld.”

Editor’s Note: This article was originally an Associated Press story. It has since been updated with reporting by Wisconsin Public Radio, including a statement from a Walker spokeswoman.