June Medical Services, LLC v. Gee, No. 17-30397 (5th Cir. 2018)Annotate this Case
Louisiana's Unsafe Abortion Protection Act passed constitutional muster even under the stringent requirements of Whole Woman's Health v. Hellerstedt, 136 S. Ct. 2292 (2016) (WWH). The Act requires abortion providers to have admitting privileges at a hospital located within thirty miles of the clinic where they perform abortions.
The Fifth Circuit reversed the district court's judgment invalidating the Act as facially unconstitutional after this case was remanded to the district court for reconsideration in light of WWH. The court held that the records from Texas in WWH and Louisiana in this case diverged in all relevant respects. The court found that the Act resulted in a potential increase of 54 minutes at one of the state's clinics for at most 30% of women, and this was not a substantial burden at all, much less a substantial burden on a large fraction of women as was required to sustain a facial challenge.
The court issued a subsequent related opinion or order on January 18, 2019.