June Medical Servs. v. Cald, No. 16-30116 (5th Cir. 2016)
Annotate this CasePlaintiffs sought an injunction against the enforcement of Louisiana’s statutory requirement that each physician who performs outpatient abortions must have admitting privileges at a nearby hospital, The Unsafe Abortion Protection Act of 2014, La. Sess. Law Serv. Act 620 (H.B. 388). The district court held that the admitting-privileges requirement was facially unconstitutional and enjoined enforcement of the law against plaintiffs. Louisiana subsequently filed this emergency motion to stay the district court's preliminary injunction pending the resolution of Louisiana's appeal. The court granted the motion, concluding that Louisiana has made a strong showing that it is likely to succeed on the merits. In this case, Louisiana is likely to prevail in its argument that plaintiffs failed to establish an undue burden on women seeking abortions or that the Act creates a substantial obstacle in the path of a large fraction of women seeking an abortion. The court also concluded that Louisiana has made an adequate showing as to the remaining factors considered in determining whether to grant a stay pending appeal.
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