A district court’s ruling to delay implementation of part of the state’s controversial abortion law has been met with a renewed fight among women’s health advocacy groups who say the law restricts access to the procedure in the state.
Gov. Scott Walker signed the bill into law July 6, placing new restrictions on abortion clinics and their physicians throughout the state. These restrictions include a provision that doctors performing abortions must have admitting privileges to a hospital within 30 miles, and patients seeking an abortion must receive an ultrasound before the procedure.
U.S. District Judge William Conley’s moratorium on a key part of a new law to restrict abortions has been extended until July 31, after a hearing July 17.
Conley’s injunction only affects the requirement that physicians have admitting privileges for a hospital within 30 miles of their clinic, leaving the mandatory ultrasound provision untouched.
American Civil Liberties Union of Wisconsin, Planned Parenthood Federation of America and Planned Parenthood of Wisconsin, Inc. brought the lawsuit against the act immediately after Walker signed it into law during the July 4th weekend.
In a statement, ACLU described the measure as, “a dangerous law that was rammed through the Legislature with no thought to the health and well-being of Wisconsin women and families”.
The lawsuit contends there is a public interest in stalling the enforcement of this bill.
Similar lawsuits are ongoing in Mississippi and Alabama because of provisions involving admitting privileges, in addition to requiring clinics to uphold the same standards as ambulatory surgical centers. Laws in Utah, Tennessee and North Dakota have not resulted in lawsuits at this time.
Conley cited a lack of medical necessity for the requirements of admitting privileges as well as the inability of many of the relevant physicians to quickly obtain admitting privileges at nearby hospitals. Conley added mandatory admitting privileges do not add to a woman’s health, making the provision unconstitutional.
“[There would be] irreparable harm to those women who will be foreclosed from having an abortion in the next week,” Conley added. “The public’s interest is best served by imposing a temporary restraining order on enforcement of the admitting privileges requirement until this court can address its merits on a more complete record”.
Rep. Joan Ballweg, R-Markesan, a supporter of the bill, said those who oppose the bill have the right to challenge it in court if they believe it to be unconstitutional.
However, Ballweg said she hopes the court action will not result in a change to the legislation, but she does acknowledge that it could potentially change the law.
Rep. Chris Taylor, D-Madison, and former public policy director for Planned Parenthood of Wisconsin, criticized the law because she said it intends to shut down abortion clinics without articulating proper health concerns of pregnant women.
Taylor added restricting clinics could restrict the livelihood of Wisconsin women, noting the inclusion of mandatory admitting privileges in the law would decrease the number of clinics available to Wisconsin women from four to two. The location in Appleton is the only clinic north of Madison and Milwaukee.
“Reduced availability of birth control for young women limits their ability to participate in public and civic life,” Taylor said. “It’s critical that young people get involved in these decisions.”
Ballweg said her support for the bill stems from wanting to give women as much information as possible before making the decision to abort or not.