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re: 5th Circuit in NOLA tosses injunction. Texas abortion clinics to close.
Posted on 10/3/14 at 8:46 am to Elephino
Posted on 10/3/14 at 8:46 am to Elephino
quote:
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.
LINK
This post was edited on 10/3/14 at 8:47 am
Posted on 10/3/14 at 8:54 am to FalseProphet
So they actually did argue on the terms of a "constitutional right to terminate a pregnancy"? So what article or amendment is this right being associated? Again, not being an arse. I'm just trying to rationalize a ruling such as this with the number of fetal homicide laws that exist in nearly 40 states. I completely understand these laws are intended to make abortion as difficult as possible.
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