The Supreme Court Is Hearing Another Landmark Abortion Case
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On Wednesday, the Supreme Court heard arguments in the latest in a sequence of abortion cases that could have far-reaching ramifications for state legislatures’ ability to restrict abortion access.
The case, June Medical Services LLC v. Russo (Stephen Russo, Interim Secretary of the Louisiana Department of Health and Human Services), concerns a Louisiana law requiring doctors who perform abortions to have admitting privileges at a hospital within 30 miles of the clinic at which the abortion is performed.
Since 2011, nine states have passed “admitting privileges” restrictions of this kind. In 2016, the Supreme Court struck down one such Texas law, ruling it an undue burden on a patient’s right to seek an abortion. Their point is well taken; after the enactment of the law, over half of Texas abortion clinics closed.
A federal judge found that the law would close two of Louisiana’s three abortion clinics.
Admitting Privileges
Admitting privileges are exactly what they sound like: a physician’s ability to check their patients into a hospital and provide care there.
It sounds like a perfectly reasonable thing to ask of abortion providers, but is a prototypical example of what abortion rights activists call “TRAP” laws, “targeted restrictions on abortion providers,” the implication being that such laws appear to make abortion safer, but in actuality do nothing for or in fact jeopardize patient health.
Admitting privileges don’t change much for a patient’s care. Without them, if a patient experienced complications during an abortion, they could check into their nearby hospital of choice and receive care from doctors communicating with the abortion provider, whereas a doctor with privileges would check the patient into their designated hospital. In fact, for a number of logistical reasons, the days of admitting privileges are becoming obsolete.
Not to mention, abortions rarely manifest serious complications that would warrant a hospital visit.
Admitting privileges are also very often a cover for targeting abortion providers. In hopes of avoiding controversy, some hospitals will reject abortion providers altogether. Doctors at the last abortion clinic open in Mississippi applied for privileges at seven nearby hospitals and were rejected at all of them.
Politics or Precedent