A law at Alabama that requires the doctors dealing with abortions to have privileges of staff at the local hospitals temporarily was blocked by one federal judge.
In Montgomery, the District Judge of U.S., Myron H. Thompson issues restraining order for the time being which bars state from having the law enforced till 12th July. Requirement was to take effect on 1st July.
The American Civil Liberties Union that filed lawsuit in this month, told this measure signed into the law in April by Governor Robert Bentley will force 3 of the 5 clinics of state to close, burdening right of a woman to abortion unconstitutionally.
Thompson said that court has found that it was in interest of public to preserve status quo as well as give opportunity to fully evaluate lawfulness of the HB 57 and without subjecting plaintiffs, public or the patients to any potential harms.
The Attorney General of Alabama, Luther Strange said that they were disappointed about the temporary order and that this was important law for protecting safety and health of Alabamians. He also said that his office would continue vigorously defending law so it might be implemented very soon.
According to law, the administrators who have their clinics violating the law, they could face maximum ten years of prison, considering the ruling yesterday.
A part of abortion law of Kansas, including the provision involving 24-hr period of waiting, got blocked temporarily by state judge, Centre for the Reproductive rights told in statement. Ruling couldn’t immediately be confirmed in the court records.
In Alabama, ACLU had its complaint filed on the behalf of the Planned Parenthood Southeast Inc. that operates 8 health centres within that state, Mississippi and Georgia, and the Reproductive Health Services, licensed provider of abortion in Montgomery.
The argument was that law threatened ability of the abortion clinics within the 3 biggest cities of Alabama: Birmingham, Montgomery and Mobile, to offer the service, leaving only those in Tuscaloosa and Huntsville.
Alabama’s ACLU’s executive director, Susan Watson, said that they were grateful that court did step in for preventing politicians from having the ability of woman taken away to make that private and personal decision and that they would continue fighting to ensure those decisions couldn’t be taken by any woman along with her doctor and family, not by the politicians who were in Montgomery.
Administration of Bentley opposed request for the injunctive relief, in an argument on 25th June filing that plaintiffs put off challenging legislation that got signed on 9th April as they knew that they will lose on a record developed adequately.
Also, he said that Tuscaloosa and Huntsville clinics planned on complying with law.
As according to filing of governor, these clinics appeared to have the privileges for those admitted in hospital before even there was HB 57 and their doctors aren’t claiming right of abandoning patients when the complications after abortion arose.
A republican, Bentley, faulted plaintiffs for the inability of obtaining admitting privileges, informing court that if they couldn’t it was because they do operate under business model that is inconsistent with the much better standards regarding care.
The argument was called “specious” by Planned Parenthood in one reply brief that was filed.