Federal Trial Over State’s Abortion Law Ends Today

Conley Says He May Subpoena Hospitals For Possible Discrimination Against Abortion Doctors

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Above, the lights outside the Robert W. Kastenmeier courthouse in Madison. Photo: Michael Leland/WPR News.

A federal trial over whether Wisconsin can require abortion doctors to have admitting privileges at hospitals near their clinics will come to an end on Friday.

U.S. District Judge William Conley says he’s frustrated by testimony from Dr. Dennis Christensen at the Affiliated Medical Services Clinic in Milwaukee, who claims he’s tried to comply with the law but has been denied admitting privileges by two hospitals near his clinic. Conley says he’s ready to subpoena hospital officials for possible violation of the Church amendment — a federal law that bars hospitals from discriminating against doctors who perform abortionsif they can’t show Christensen’s abortion practice did not play a role in their decision not to grant those privileges.

State Rep. Chris Taylor (D-Madison) said abortion does play a role in such decisions because privileges are often based on how many patients a doctor admits to the hospital. She said because so few women need hospital care following an abortion, clinic doctors can’t meet those annual admission quotas.

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“It could be that there are criteria that might be objective on their face, but subjectively in practice discriminate against providers of abortion,” said Taylor. “It really is kind of a travesty, what has happened … hospitals want nothing to do with providing abortion care“

State Department of Justice attorneys presented evidence yesterday they say shows Christensen simply hasn’t tried hard enough to get the privileges and hasn’t submitted the necessary documents on his qualifications that the hospital requires.

Attorneys for the clinic say it will be forced to close if the admitting privileges law goes into effect, thereby reducing access to abortion in the state.

A ruling from Conley is expected next month.

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