A federal court moved last Tuesday to strike down part of a controversial 2013 abortion law, saying it is unconstitutional and poses a threat to women’s health.
The U.S. 7th Circuit Court of Appeals in Chicago ruled 2-1 that the measure, which requires doctors performing abortions have admitting privileges at a nearby hospital, threatens women’s safety.
Judge Richard Posner wrote in the majority opinion that the bill unconstitutionally hinders the ability for women to seek abortions.
"What makes no sense is to abridge the constitutional right to an abortion on the basis of spurious contentions regarding women's health — and the abridgment challenged in this case would actually endanger women's health," Posner said in the decision.
The decision upholds an earlier ruling by U.S. District Court Judge William Conley to block the provision. The state’s two abortion providers, Planned Parenthood of Wisconsin and Affiliated Medical Services, challenged the law immediately after it was signed by Gov. Scott Walker.
State Attorney General Brad Schimel said the case will ultimately be decided by the U.S. Supreme Court. The high court is expected to take up a challenge to a similar law in Texas, which was upheld in June by the U.S. 5th Circuit Court of Appeals in New Orleans.
While the effects of the Wisconsin bill would not be as drastic as its Texan counterpart, which would close over half of the abortion clinics in that state, Affiliated Medical Services has said it would be forced to close its Milwaukee clinic because of the law.
Proponents of the bill have said it increases the safety of abortions and ensures a qualified physician will be performing the procedure. Admission privileges allow doctors to admit and treat patients in a hospital in a non-emergency situation.
In a dissenting opinion, Judge David Manion argued the provision was constitutional and that the state should not be forced to lower its standards.
“The solution to the plaintiffs' problems is that they find more qualified doctors, not that the state relax … precautions … to protect the health and safety of pregnant women who have chosen to end their pregnancies,” Manion wrote.
