Louisiana’s 5th Circuit Court of Appeals has ruled that abortion physicians must continue to have admitting privileges at nearby hospitals, reports The Hill.
Pro-abortion litigators had argued that the admitting privileges law imposed an “undue burden” on women seeking abortions, because the regulation would force abortion clinics in Louisiana to shut their doors. However, the 5th Circuit Court found “no evidence that any of the clinics will close as a result of the Act.”
Judges on the court concluded that only 30% of Louisiana women at most could expect to wait longer for abortions as a result of the regulation.
The 5th Circuit Court distinguished Louisiana’s admitting privileges law from an analogous Texas regulation which the Supreme Court struck down in 2016. The Supreme Court had used an “undue burden” test to determine that Texas’ law was constitutional.
In contrast, when the 5th Circuit Court applied the same test to Louisiana’s regulation, it found that the regulation “does not impose a substantial burden on a large fraction of women.”
Louisiana’s Department of Health and Hospitals did not immediately respond to a request for comment from news agencies.