951 F. Supp. 2d 1280
M.D. Ala.2013Background
- HB 57 in Alabama requires abortion physicians to obtain hospital staff privileges in the same metro area as their clinic, with penalties for clinics or physicians failing to comply.
- Plaintiffs Planned Parenthood Southeast, RHS, and Ayers sue on behalf of themselves, their patients, and staff, challenging the staff-privileges provision under the Due Process and Equal Protection Clauses.
- Defendants include Governor Bentley, Attorney General Strange, district attorneys, the State Health Officer, and boards regulating medical practice and nursing.
- The law imposes Class C felonies and license revocation for noncompliance, and takes effect July 1, 2013.
- Plaintiffs cannot easily obtain admitting privileges due to hospital prerequisites and security harassment of abortion providers, risking a drastic reduction in accessible in-state abortion services.
- Court grants a temporary restraining order based on a limited record pending full litigation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does HB 57 unduly burden the right to abortion under Casey? | HB 57 imposes a substantial obstacle by eliminating most Alabama clinics. | HB 57 regulates abortion providers; some burden is permissible. | Yes, HB 57 likely imposes an undue burden on abortion rights. |
| Do plaintiffs have standing, including third-party standing to assert patients' rights? | Plaintiffs have injury and a close physician-patient relationship, justifying third-party standing. | Defendants argue standing is lacking or improper. | Plaintiffs have standing, including third-party standing to assert patients' rights. |
Key Cases Cited
- Planned Parenthood v. Casey, 505 U.S. 833 (1992) (undue-burden framework for abortion regulations)
- Doe v. Bolton, 410 U.S. 179 (1973) (recognition of abortion-related rights under due process)
- Singleton v. Wulff, 428 U.S. 106 (1976) (physician-patient proximity supports third-party standing)
- Stenberg v. Carhart, 530 U.S. 914 (2000) (abortion provider standing for patients" rights; pre-viability regulation scrutiny)
- Okpalobi v. Foster, 190 F.3d 337 (5th Cir.1999) (third-party standing and undue-burden analysis in abortion context)