On Wednesday, five Louisiana abortion clinics and one physician filed a civil suit in federal court in Baton Rouge, arguing that a state law that allows officials to close their clinics for alleged violations before the charges can be appealed is unconstitutional, the AP/New Orleans Times-Picayune reports. The suit is the third challenge to new antiabortion-rights statutes in the state (AP/New Orleans Times-Picayune, 11/18).
The suit targets a law that gives state health authorities expanded authority to suspend or revoke abortion clinics' licenses and immediately close clinics if they determine that violations pose health or safety threats to patients. Before the law, abortion clinics were able to continue operating while they corrected alleged violations or submitted a corrective action plan and underwent a repeat inspection. The New York-based Center for Reproductive Rights represents the plaintiffs in the case (Women's Health Policy Report, 9/21). The case initially was filed in New Orleans, but the plaintiffs voluntarily moved it to Baton Rouge in response to a motion for dismissal or change of venue.
CRR argues that "by treating outpatient abortion facilities differently than all other medical facilities," the new law violates the equal protection clause of the Constitution's 14th Amendment. "Unlike a hospital and some other licensed medical facilities, an outpatient abortion facility no longer has the right to a suspensive appeal," the plaintiffs argue. They add, "Thus, if the outpatient abortion facility files an administrative appeal, it will still be deprived of its license, cannot operate and cannot generate revenue to avoid bankruptcy during the pendency of the appeal."
The suit was brought by Bossier City Medical Suite; Choice of Texas, which operates as Causeway Medical Clinic; Delta Clinic of Baton Rouge; Midtown Medical; and Women's Health Care Center. A physician identified as John Doe is listed as the sixth plaintiff.
Agreement in Other Challenge
The five clinics and Hope Medical Group for Women filed a suit in August challenging two other state antiabortion laws as unconstitutional, according to the AP/Times-Picayune. One law prohibits abortion providers from participating in a state-run medical malpractice fund. The other law requires women seeking abortions to undergo an ultrasound and be told they are entitled to a copy of the image.
Chief U.S. District Judge Ralph Tyson initially issued a temporary restraining order against enforcement of the laws, but dissolved the order last week after an agreement was reached. Under the agreement, state officials must provide women with a list of facilities that provide no-cost ultrasound services, and women cannot be compelled to receive an image of the ultrasound (AP/New Orleans Times-Picayune, 11/18).
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