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7th Circuit Rules Wisconsin Abortion Law Is Unconstitutional

"They may do this in the name of protecting the health of women who have abortions, yet as in this case the specific measures they support may do little or nothing for health, but rather strew impediments to abortion."
7th Circuit Rules Wisconsin Abortion Law Is Unconstitutional

Judge Richard Posner, a Reagan nominee, wrote the majority opinion. Via Mother Jones:

The 7th US Circuit Court of Appeals ruled on Monday that a Wisconsin law requiring abortion providers to gain admitting privileges at nearby hospitals is unconstitutional.

The law that was struck down is known as a TRAP law—short for "targeted regulation of abortion providers." According to the Guttmacher Institute, Wisconsin is one of 11 states that have required similar admitting privileges. (Courts have blocked these requirements in six of those states.) The law is particularly effective in conservative regions where hospitals are less likely to grant those privileges to abortion providers. The law's supporters say the law ensures continuity of care if complications arise from the procedure. The American Congress of Obstetricians and Gynecologists notes that less than one half of 1 percent of all abortions involve major complications.

The 2-to-1 decision comes at a time when the constitutionality of TRAP laws are in question nationally. Just over a week ago, the Supreme Court agreed to hear a challenge to Texas' "HB 2," which decreased the state's number of abortion clinics from 41 to 18 by implementing a host of TRAP laws. The ruling, due next year, will be the most notable reproductive rights ruling since Roe v. Wade.

Judge Richard Posner, writing for the 7th Circuit majority, stated that the regulation qualifies as an "undue burden" and that the medical grounds for such a requirement is "nonexistent." Posner also had some words for abortion foes: "Opponents of abortion reveal their true objectives when they procure legislation limited to a medical procedure— abortion—that rarely produces a medical emergency."


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