Could this case bring abortion back to the High Court? Perhaps. Although HB2 was quite controversial — and prompted a noted filibuster by State Sen. Wendy Davis — equivalent laws have been enacted in other states and upheld against constitutional challenge. The U.S. Courts of Appeals for the Fourth and Eighth Circuits, for instance, both upheld similar admitting privilege requirements. The U.S. Court of Appeals for the Sixth Circuit also upheld a similar restriction on the use of abortion-inducing drugs. On the other hand, the U.S. Court of Appeals for the Seventh Circuit upheld a preliminary injunction against an admitting-privilege requirement passed in Wisconsin. Although the procedural posture was different, the Fifth Circuit expressly rejected some of the Seventh Circuit’s reasoning, creating an opening to argue there’s a circuit split. In addition, the Court recently expressed interest in considering the permissibility of restrictions on the use of abortion-inducing drugs.
March 28, 2014 at 5:40 PM EDT