Fifth Circuit Holding On Abortion-Clinic Regulations
Constitutionality of Hospital-Admitting Requirements ouisiana enacted the Unsafe Abortion Protection Act (Act 620), requiring
Louisiana enacted the Unsafe Abortion Protection Act (Act 620), requiring abortion providers
to have admitting privileges at a hospital located within 30 miles of the clinic where they
perform abortions. On remand for consideration in light of “Whole Woman’s Health v. Hellerstedt” (2016), the district court invalidated the act as facially unconstitutional.
The court overlooked that the facts in the instant case are remarkably different from those
that occasioned the invalidation of the Texas statute in Whole Woman’s Health. Here, unlike in Texas, the act does not impose a substantial burden on a large fraction of women under “Whole Woman’s Health” and other controlling Supreme Court authority. Careful review of the record …
