Thursday, April 3, 2014

Fifth Circuit Criticizes the Seventh Circuit's Decision in Van Hollen

Eric Pearson posted at Wisconsin Appellate Law Rational Basis Review Is Not Empirical Basis Review: Fifth Circuit Criticizes the Seventh Circuit's Decision in Van Hollen.

"Late last year the Seventh Circuit issued its decision in Planned Parenthood of Wisconsin, Inc. v. Van Hollen, No. 13-2726 (7th Cir. Dec. 20, 2013), a constitutional challenge to a new Wisconsin law (known as Act 37) that requires a doctor performing an abortion to have admitting privileges at a hospital no more than 30 miles from the abortion clinic. The decision upheld a preliminary injunction enjoining the enforcement of the law and generated a considerable amount of news and commentary. 
"The latest bit of 'commentary' came from the U.S. Court of Appeals for the Fifth Circuit in the form of an opinion issued yesterday (written by Judge Edith H. Jones) in Planned Parenthood of Greater Texas Surgical Health Services v. Abbott, No. 13-51008 (5th Cir. Mar. 27, 2014), which upheld Texas’s analogue to Act 37. Only time will tell, but a circuit split could be in the offing."