Appeals court strikes down Wisconsin abortion safety law

A federal appeals court today ruled a Wisconsin law requiring abortionists to have admitting privileges at nearby hospitals is unconstitutional. A three-judge panel of the 7th U.S. Circuit Court of Appeals said the 2013 Republican-backed law was an illegal restriction on abortion.

The law is similar to one in Texas that the Supreme Court agreed earlier this week to review. Over the last five years, states with new Republican majorities have tightened regulations on the abortion industry, and the number of abortions nationwide has declined. Some states with these kinds of laws have seen the number of abortions drop at least 15 percent since 2010, according to data the Associated Press compiled.

Some of the regulations in other states also include safety standards for abortion facilities. Supporters say the laws help protect women’s safety. But the 7th Circuit’s Judge Richard Posner called that argument “nonexistent,” saying the law would cause an abortion facility in the state to close, therefore putting more women in danger by increasing the waiting times for abortions, which could push some procedures into the second trimester.

Judge David Manion dissented, saying the law protects women’s health and doesn't amount to an undue constitutional burden: “The solution to the plaintiffs’ problems is that they find more qualified doctors, not that the state relax—or that we strike down as unconstitutional—precautions taken by the state to protect the health and safety of pregnant women who have chosen to end their pregnancies.”

The Associated Press contributed to this report.