Handing down its second major abortion action in as many days, the U.S. Supreme Court refused Tuesday to rescue a Wisconsin law restricting abortion clinics and doctors in the state, leaving in place lower court rulings that had struck it down.
The unsigned order ends a three-year legal fight and was accompanied Tuesday by another rejection of an appeal by Mississippi that sought to reinstate a similar law requiring abortion doctors to be able to admit patients to nearby hospitals. The decision followed a ruling Monday striking down similar restrictions on Texas abortion providers.
"Today's decision should send a loud signal to anti-abortion politicians that they can no longer hide behind sham rationales to shut down clinics and prevent a woman who has decided to end a pregnancy from getting the care she needs," said Larry Dupuis, legal director of the American Civil Liberties Union of Wisconsin, which represented a clinic.
Wisconsin Attorney General Brad Schimel said in a statement that the Tuesday decision wasn't surprising in light of the Texas ruling.
"The opinion by the Seventh Circuit Court of Appeals stands and those portions of our law addressed by the decision are now permanently enjoined," Schimel said.
The head of Wisconsin Right to Life said that her state organization remained undeterred by the decision. "No matter what setbacks we may receive from the Supreme Court, we remain undeterred in our efforts to protect women and unborn children from the abortion industry," Heather Weininger said.
The provision at issue in the Wisconsin law was challenged by the state's two abortion providers, Planned Parenthood of Wisconsin and Affiliated Medical Services, and was blocked by a court ruling immediately after being approved. It would have required doctors who provide abortions to have admitting privileges at a hospital within 30 miles of where they perform the procedure.
On Monday Justice Stephen Breyer ruled for the majority that states like Texas cannot impose restrictions that pose an undue burden on women seeking abortions.
Breyer cited the suit over Wisconsin's law, saying that state officials could not cite a "single instance in which the new requirement would have helped even one woman obtain better treatment."
The Supreme Court also declined Tuesday to hear an appeal from Washington state pharmacists who said they have religious objections to dispensing Plan B or other emergency contraceptives.
