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Abortion Law About Doctor Privileges Remains on Hold

A law that says doctors who perform abortions at clinics will be required to obtain hospital privileges within 30 miles of the facility remains on hold while a federal judge decides if the state is overstepping its bounds.

A state new law requiring doctors who perform abortions at a clinic to have hospital privileges at a facility within 30 miles remains on hold, a federal judge has ruled.

Gov. Scott Walker signed the law on July 5, and it was supposed to take effect July 8. However, U.S. District Judge William Conley issued a temporary restraining order that day blocking implementation of the law after Planned Parenthood filed a lawsuit. On Wednesday, Conley extended that restraining order and said he will rule on whether to issue a longer injunction within two week, the Wisconsin State Journal reported.

He is also asking for briefs by Friday from the parties explaining why he should or should not ask a medical expert to help him decide if the state has a legitimate interest in the privilege requirement, according to the State Journal.

In addition to this requirement for doctors, the same law would make a woman undergo an ultrasound before obtaining an abortion. However, that provision has not been challenged in court and remains in effect, the Milwaukee Journal Sentinel reported.

Conley was looking for the state to prove the law didn't place an undue burden on women and that there was "legitimate governmental interest in creating the law," according to the State Journal. The judge also wanted to know from Planned Parenthood why it would be an undue burden on abortion providers to get hospital privileges, the newspaper reported.

The restraining order means clinics that would have closed can stay open for now, including two in Milwaukee and one in Appleton. The Planned Parenthood clinic in Madison is not affected because doctors there have admitting privileges at area hospitals.


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