re: 5th Circuit in NOLA tosses injunction. Texas abortion clinics to close.

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Last month, in Jackson Women’s Health Organization v. Currier, the U.S. Court of Appeals for the Fifth Circuit sustained an as-applied constitutional challenge to a Mississippi law requiring that “[a]ll physicians associated with [an] abortion facility must have admitting privileges at a local hospital and staff privileges to replace local hospital on-staff physicians” (“admitting privileges”). The court of appeals concluded that applying this law in Mississippi would have the effect of closing the state’s one existing abortion clinic and would therefore impose an undue burden on women seeking to exercise their constitutional right to terminate a pregnancy. This column will consider the unusual—and fact-sensitive—approach that the Fifth Circuit here took to reviewing the admitting privileges law.

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