United States Fifth Circuit

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June Medical Services, LLC v. Gee, 17-30397

Upheld the constitutionality of Louisiana's Unsafe Abortion Protection Act, requiring abortion providers to have admitting privileges at a hospital located within 30 miles of the clinic where they perform abortions. The plaintiffs argued that the statute should be declared unconstitutional under the Supreme Court's recent decision in Whole Woman's Health v. Hellerstedt, 136 S. Ct. 2292 (2016), which invalidated a similar Texas statute. Disagreeing, the Fifth Circuit concluded that the facts here were significantly different from those in the Texas case, in terms of the impact of the statute. The panel, in a 2-1 decision, thus reversed the district court's decision striking down the Louisiana statute.

Appellate Information

  • Decided
  • Published 2018/09/26

Judges

  • Smith

Court

  • United States Fifth Circuit

Counsel