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Wis. AG Appeals Ruling Against Admitting Privileges Law

Wis. AG Appeals Ruling Against Admitting Privileges Law

April 8, 2015 — Wisconsin Attorney General Brad Schimel (R) on Monday appealed a federal court ruling that struck down a state law (Act 37) that would require physicians who perform abortions to have admitting privileges at a nearby hospital, the Milwaukee Journal Sentinel reports (Marley, Milwaukee Journal Sentinel, 4/6).

Courts have put similar measures on hold in five other states (AP/Minneapolis Star Tribune, 4/6).

Case Details

In March, Judge William Conley ordered a permanent injunction against the law, ruling that it violated the 14th Amendment. "The marginal benefit to women's health of requiring hospital admitting privileges, if any, is substantially outweighed by the burden this requirement will have on women's health outcomes due to restricted access to abortions in Wisconsin," he wrote.

Further, Conley noted there is no rational basis for treating physicians who perform abortions differently than those who perform other outpatient procedures that are associated with equal or greater risk (Women's Health Policy Report, 3/23).