June Medical Services, LLC v. Kliebert

Federal court challenge to a Louisiana law that requires abortion providers to have admitting privileges at a hospital within 30 miles of where the provider performs abortion care. The admitting privileges requirement went into effect on September 1, 2014. In this lawsuit, several clinics and providers are asking the court to temporarily and permanently enjoin the state from enforcing the law. Plaintiffs argue that the law would pose an undue burden on women seeking abortion care and that the law, signed in June 2014, did not give providers adequate time to obtain privileges before the effective date. In August 2014, the U.S. District Court for the Middle District of Louisiana issued a temporary restraining order, announcing that the law could not be enforced against plaintiffs, allowing the providers time to seek admitting privileges. In May 2015, the District Court granted partial summary judgment in favor of the state in part, finding that the law was rationally related to a legitimate state interest. However, the court denied partial summary judgment on the issue of whether the law had an improper purpose of placing an undue burden on abortion access in Louisiana. Current Status: In January 2016, the court declared the admitting privileges requirement unconstitutional as violating the substantive due process rights of Louisiana women seeking abortions and granted a preliminary injunction preventing enforcement as to the plaintiffs. (See the law here. See the complaint here. See the temporary restraining order here. See the district court ruling on the motion for partial summary judgment here. See the January 2016 district court ruling here. Read more about the case here.)