National Partnership for Women & Families

In the News

Planned Parenthood Southeast, Inc. v. Bentley

Planned Parenthood Southeast, Inc. v. Bentley

Federal court challenge to an Alabama law, which would have taken effect on July 1, 2013, that requires all physicians who perform abortions to have staff privileges at a local hospital. The plaintiffs are the only licensed facilities in Montgomery, Birmingham, and Mobile. In June 2013, the American Civil Liberties Union (ACLU) filed a complaint in the U.S. District Court for the Middle District of Alabama and moved for a temporary restraining order and preliminary injunction. On June 28, 2013, the district court judge entered a temporary restraining order blocking the admitting privileges provision. On July 23, 2013, the judge extended the temporary order until March 24, 2014. Both parties filed summary judgment motions asking the court to rule on the case based on legal arguments rather than at trial. The judge determined that a genuine dispute of material facts exists and ordered the case to go to trial on May 19, 2014. The temporary restraining order was extended until a final judgment is rendered. Current Status: The district court ruled that the admitting privileges requirement is unconstitutional. The temporary restraining order remains in place until the district court judge issues a final order reflecting his ruling. (See the law here. See the complaint here. See the motion here. See the first temporary restraining order here. See the second temporary restraining order here. See the opinion denying summary judgment here. See the district court opinion here. Learn more about the case here.)