Aug 22, 2014
Aug 22, 2014
The Center for Reproductive Rights filed a lawsuit on behalf of several abortion providers challenging a Louisiana law, HB 388, which requires abortion providers to have admitting privileges at a local hospital.
Plaintiffs argue that the law would pose an undue burden on women seeking abortions. They further argue that the law, which Gov. Jindal signed on June 12, 2014 did not give providers adequate time to obtain privileges before the effective date of the law, September 1, 2014.
On August 31, 2014, District Court Judge John DeGravelles permitted the law to go into effect, but blocked the state from assessing any penalties or sanctions under the law and permitted abortion providers to continue operating while they sought admitting privileges.
On January 26, 2016, Judge DeGravelles blocked the admitting privileges law on the basis that the law places an undue burden on a large fraction of Louisiana women of reproductive age seeking abortion.
On February 24, 2016, the Fifth Circuit Court of Appeals stayed the injunction, effectively ruling that the law could take effect.
On March 4, 2016, the U.S. Supreme Court blocked Louisiana from enforcing the law, pending, presumably, its decision in Whole Woman’s Health v. Hellerstedt, the Texas case involving an admitting privileges provision similar to Louisiana’s.
On August 25, 2016, the case was remanded to district court for additional fact-finding in light of the Supreme Court’s ruling in Whole Woman’s Health, where it remains pending.
On April 26, 2017, the court entered a permanent injunction blocking Louisiana from enforcing the admitting privileges law in light of the Supreme Court’s ruling in Whole Woman’s Health that such laws are unconstitutional.
On September 26, 2018, a panel of the Fifth Circuit Court of Appeals reversed the district court and upheld the constitutionality of the law.
On January 18, 2019, the Fifth Circuit Court of Appeals refused to rehear the case en banc.
**last updated January 18, 2019