Supreme Court issues abortion court orders

The Supreme Court has issued an order addressing appeals for injunctions in abortion cases. Two orders are issued. One is for appeal of the Fifth Circuit order allowing the direct appeal of the abortion…

Supreme Court issues abortion court orders

The Supreme Court has issued an order addressing appeals for injunctions in abortion cases.

Two orders are issued. One is for appeal of the Fifth Circuit order allowing the direct appeal of the abortion law from Texas. The second is for appellate briefing on a request by the state of Louisiana for a stay of a Fifth Circuit order allowing the direct appeal from that state’s abortion law.

The first order involves the direct appeal from the Fifth Circuit to Texas. In the opinion for the panel, the court first indicated that it would review the Fifth Circuit’s findings of non-severability:

The parties have also asked us to reconsider three issues raised by the Fifth Circuit: 1) whether the establishment of pre-viability viability is the end of an abortion procedure; 2) whether the Texas law requiring a third trimester abortion-provider to admit a physician regularly at a hospital and to maintain one physician on staff to provide third trimester abortions could survive challenge as a violation of the due process clause; and 3) whether admitting privileges and physician presence at hospitals significantly affect access to abortion. We have agreed to deny all three requests except that we will not do so until the written opinion has been issued in the lead case and we have had an opportunity to consider these issues fully. We therefore deny certiorari in the cases.

In the second order, the Fifth Circuit allows an appeal of its abortion law from Louisiana:

5. Those challenging the Louisiana law, Louisiana Abortion Control Act § 17-5, § 11.2, et seq., also ask the court to consider the applicability of two third-party challenges to the Louisiana law (29 C.F.R. § 655.2(b)(2)) from the University of New Orleans Health Sciences Center and Parkway Center, both of which provide abortions. C.F.R. § 655.2(b)(2) challenges Louisiana’s admitting privileges requirement for health care facilities that provide abortions. 24 U.S.C. § 2354r2(b) is applied to this challenge.

A court order has been issued stating the date of the Fifth Circuit’s oral argument on March 25. The court indicated when arguments on the second case will be held. It has also ordered the parties to file briefs by April 12.

The Hill published a list of court proceedings in abortion cases under its “Breaking news” page. Briefs can be found for all the cases covered in the Court’s orders here (pdf).

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