The state of Louisiana’s new abortion clinic regulation rules, passed during the previous legislative session, were already used to shut down one clinic in the state back in early September. Now five outpatient clinics are suing the state, claiming the law violates their right to due process.
A third challenge to Louisiana’s new abortion-clinic laws has been filed in Baton Rouge federal court.
Five abortion clinics in Baton Rouge, New Orleans, Metairie and Bossier City allege in their civil suit filed Wednesday that state regulatory officials now can shut them down for any alleged violation before they can appeal that decision.
The plaintiffs claim in their lawsuit that unlike a hospital and some other licensed medical facilities, an outpatient abortion facility no longer has the right to a suspensive appeal.
According to Courthouse News, the five clinics who have initiated the suit are the last five outpatient clinics in the state. The other two clinics have already had their licenses suspended under the new rules:
The clinics say a newly enacted amendment, Louisiana Act 490, “makes it likely that the Department will suspend or revoke many or all of the Abortion Facility Plaintiffs’ licenses in the foreseeable future.”
They say the “zero tolerance policy” was adopted to “close down outpatient abortion facilities regardless of whether those facilities are operating safely.”
Under Louisiana Act 490, Greenstein no longer has to give outpatient abortion providers “notice of alleged violations and an opportunity to correct them before taking action to suspend or revoke a license,” the complaint states.
Outpatient abortion services were governed by the same Louisiana laws that apply to hospitals, until the state enacted Act 490 on June 22.
Louisiana has seven outpatient abortion facilities, five of which are challenging the new amendment.
”The other two are currently subject to license revocation proceedings initiated by the Department,” according to the complaint.
The abortion providers say they fear being shut down after inspections, partly because the state is vague about what constitutes a violation and “applies statutes and regulations inconsistently.”
The “potentially applicable state laws or regulations are practically innumerable,” the plaintiffs claim. “On the face of the statute, a violation of any one of those laws or regulations provides grounds for the Department to revoke permanently the license of an outpatient abortion facility in Louisiana.”
If violation of due process sounds vaguely unconstitutional, well, don’t be too surprised, as most of the rest of the abortion regulations passed in the last session were considered unconstitutional, too.
The same clinics and a sixth in Shreveport, Hope Medical Group for Women, sued the state in August over two other alleged unconstitutional elements of Louisiana’s new abortion laws.
One of those laws bans abortion doctors from participation in a state-run medical malpractice fund available to physicians who do not perform abortions, the clinics allege in that pending suit.
The clinics also allege in that suit that another new law unconstitutionally requires women about to undergo abortions to have ultrasound examinations and receive notice that they are entitled to photographs of those images.
Chief U.S. District Judge Ralph E. Tyson initially granted a temporary restraining order against enforcement of those two new laws.
But Tyson dissolved that order a week later after both sides agreed that state officials must provide the affected women with a list of facilities that provide free ultrasound services. Both sides also agreed the women cannot be compelled to receive an ultrasound image.
Mini Roundup: Didn’t get enough of Stupak-Pitts when they tried to kill healthcare reform? No worries. Stupak may not have run for reelection, but Congressman Joe Pitts is back and positioned to help lead the Energy and Commerce Subcommittee on Health.
November 19, 2010
- Anti-abortion group backs Joe Pitts to head health panel – Politico
- Convention on the Elimination of All Forms of Discrimination Against Women – US Department of State
- Kiwi B-school to hold sex-ed classes for ‘sexually ignorant Asian students’ – Oneindia
- Feds to decide whether birth control should be free – Michigan Messenger
- Cervical cancer survivor hands in smear tests petition – Darlington and Stockton Times
- 2000 fetuses found at Thai Buddhist temple – The Associated Press
- Third Challenge to Louisiana Abortion Law – Courthouse News Service
- Cardinal-designate Burke on abortion supporters, sex abuse – Vatican Radio
- Citing Wikipedia, Google, Golez says visiting US doctor an ‘abortionist’ – Inquirer.net
- Household Chemicals Linked to Early Puberty, Infertility – WebMD
- Christians vs metalheads in FB flame war – Register
- US couple set up website poll to decide on abortion – Sify
- Videos Discuss Teen Pregnancy Prevention – Medical News Today (press release)
- Slate Columnist Recommends Compromises For Both Sides Of Abortion Debate – Medical News Today (press release)
- Compensation Awarded For Birth Control Coverage Denials In Wash. Case – Medical News Today (press release)
- Opponents of contraceptive pill scheme put their case to Island’s health bosses – Isle of Wight County Press
- Same-sex marriage hearing to be shown on C-SPAN – San Francisco Chronicle
- Can Condoms Curb Climate Change? – TIME (blog)
- Blazing her own path – Helena Independent Record
- Maternal Mortality: Making Women’s Lives Matter – Care2.com (blog)
- Aquino firm on RH stand despite dialogues with Catholic bishops – GMANews.TV
- HIV-positive inmate in city denied medication, suit alleges – St. Louis Post-Dispatch
- Lanao Norte addresses maternal, children’s health issues – Philippine Information Agency
November 18, 2010
- Haven of hope: Rotary hears importance of Matthew 25 in community – Evansville Courier & Press
- Online map of maternal health to inform and influence world leaders – HealthCanal.com
- State says Medicaid revamp won’t start for a year – CNBC
- ‘Condom Fairy’ is a hit at Halloween dance – Gay People Chronicle
- How is This Murder And Abortion Isn’t?… – Weasel Zippers
- Sex education: Going to the root of the problem – Malay Mail
- Birth control should be paid for – GSU Signal
- DSWD chief denies promoting birth control in anti-poverty program – Cebu Daily News
- Exploring the dramatic rise of maternal mortality – San Francisco Chronicle (blog)
- Abort or not: US couple to follow online poll results – AFP
- Police quiz anaesthetist over abortion clinic hepatitis C infections – The Age
- UN Reveals a Strong Link Between Poverty and Poor Health in Urban Areas – NewsBlaze
- Pro-Abortion CEDAW Treaty Gets Senate Committee Hearing – LifeNews.com
- Treating prisoners while jailed could stop disease – Washington Post
- Disquiet over growing cases of incest in Nigeria – Nigerian Compass (blog)
- Researchers Trace Toxins’ Links to Reproductive Health – The Bay Citizen
- Neanderthals and Sarah Palin’s Brand of Feminism – Caffeinated Thoughts
- An abortion argument squandered – Washington Post
- Researcher looks for link between people’s health and where they live – PhysOrg.com
- Abortion issue may return – Baltimore Sun
- Pope: Heath Care Access a Right, Not Abortion or Euthanasia – LifeNews.com
- US Senate committee considering ratification of pro-abort UN treaty – Lifesite
- Thomas More Society Rallies Illinois State’s Attorneys in Support of Parental … – Christian News Wire (press release)
- Renew focus on mother-to-child HIV transmission – Daily Monitor
- ‘Unpredictable’ cholera to afflict Haiti for years: US – AFP
- Aung San Suu Kyi Campaigns for Increased HIV Funding in Burma – NTDTV
- Cervical Cancer Preventable Yet 4000 American Women Will Die of It This Year – Australia.TO
- Contraception, sterilization not preventive health services, panel told – The Catholic Review
- Sen. Franken offers effort to pass anti-bullying legislation – Coon Rapids ECM Publishers
- Common Ground for Social Conservatives and Libertarians? – Family Research Council (blog)
- Diocesan workshops offer groups a variety of topics – Sioux City Catholic Globe
- Police arrest suspect in foetus scandal – Bangkok Post
- This Won’t Work. – Tapped (blog)
- Sex-ed controversy triggers Helena symposium – KXLH Helena News
- Carleton anti-abortion club status reviewed – CBC.ca
- Mississippi man to be charged with murder of unborn child – Lifesite
- Missouri Planned Parenthood In Columbia Resumes Abortions – LifeNews.com
- Activists Still Hoping to Promote Abortion at US Military Bases – LifeNews.com
- Couple asks Web: Should we abort? – Salon
- Sex, drugs and birth control – Oxford Student
- VIDEOS: Transgender Day of Remembrance honors victims of transphobia – San Diego Gay & Lesbian News
- How to cut an easy $800 million from Medicaid – The Progressive Pulse
- Study looks at effects of one-night stands – University Daily Kansan
- Bledowski: Europeans are more comfortable with their sexuality – University Daily Kansan
- Spanish prime minister defends pro-abort policies in face of papal criticism – Lifesite
- Helping women escape from violence – Auckland stuff.co.nz
- Business pushing population bill for the poor – BusinessWorld Online
- Los Angeles Times, Salon Columns Address Politics Of Abortion – Medical News Today (press release)
- La. abortion clinics sue over state law – WXVT
- The Texas Medicaid Scenario — Why It’s Never Going To Happen – Kaiser Health News
- Consultant finds hope for pregnant women in Sierra Leone – WalesOnline
- Bangkok temple foetus find probed – BBC News
- Health report ‘alarming’ – Daily Gleaner