Tuesday, U.S. District Judge Myron Thompson issued a restraining order to block implementation of Alabama’s most recent anti-abortion law. Based on a key provision in the Alabama abortion law, this decision comes in the wake of Monday’s decision in North Dakota issued by U.S. District Judge Daniel Hovland calling a fetal-heartbeat law “clearly invalid and unconstitutional.”
Planned Parenthood Southeast and the American Civil Liberties Union filed the lawsuit on behalf of a Montgomery abortion clinic this past June.? The law, which was originally set to take effect on July 1, had been postponed until August 15 in light of the lawsuit.? State attorneys supporting the law asked for an extension to better prepare their case.? Judge Thompson agreed with attorneys on both sides of the case and has stopped the law from taking effect before March 24, 2014.? Final arguments for the case could be heard as early as January 31, 2014.? At that time, Judge Thompson will either issue a ruling or schedule a trial.
According to Wayne Sabel, an attorney representing Planned Parenthood Southeast, the “[law] would unconstitutionally restrict the ability of Alabama women, including victims of rape and incest, to access safe and legal abortions.”
The key provision that spurred the lawsuit is a provision that is being passed in a number of state legislatures around the country.? The law prevents doctors from performing abortions unless they have admitting privileges within 30 miles of their practice.? In general, abortion services are a medically safe outpatient procedure that do not necessitate hospitalized or ambulatory surgical care.? Physicians who provide abortion are also unable to gain admitting privileges at hospitals because of individual hospitals policy regarding abortion.? Instead, they partner with another physician that does have admitting privileges to provide follow-up care after an abortion procedure.? This law would have prevented that as well as closing three of the states remaining five abortion clinics.
So far, nine states have introduced or passed legislation containing this same key provision that concerns the Alabama case.? Those states include North Dakota, Wisconsin, North Carolina, Mississippi, Texas, Ohio, and Virginia.
The upcoming decision this January 2014 occurs during campaigns for state elections.? A court ruling or trial decision could result before state primaries June 3, 2014, or before the general election November 4, 2014. Bill Armistead, former state Senator and current State Republican Party Chairman, stated that he doesn’t believe that the ruling will have an effect on the election because, “Alabamians are pro-life and they want to protect the life of everyone.”
Edited by WP.
