Madison — State Department of Justice attorneys asked a judge Thursday to put off a November trial challenging a law requiring doctors who perform abortions to have hospital admitting privileges.
U.S. District Judge William Conley last week blocked the law from taking effect until he holds a Nov. 25 trial on whether the law is constitutional. The state on Tuesday appealed that ruling and on Thursday asked Conley to stay proceedings before him until the U.S. Court of Appeals in Chicago rules on the case.
If their request is granted, the trial would be delayed. The state lawyers told the judge in their filing staying the case would be the most efficient way to proceed with the case.
In a brief order Thursday, Conley told the plaintiffs in the case to file a response to the state's motion by Wednesday.
Republican lawmakers introduced and quickly passed the abortion regulation in June and Gov. Scott Walker signed it into law July 5. Within hours, Planned Parenthood of Wisconsin and Affiliated Medical Services — the two groups that run abortion clinics in the state — sued in federal court in Madison, contending the law violates the constitution's due process guarantee, puts an undue burden on the right to abortion and unconstitutionally treats doctors who perform abortions differently from doctors who perform other procedures.
The law requires doctors to have admitting privileges at hospitals within 30 miles of where they perform abortions. It also requires women seeking abortions to get ultrasounds, but that provision has not been challenged in court and has gone into effect.
If the law takes effect, it will close Planned Parenthood's clinic in Appleton and Affiliated's clinic in Milwaukee because doctors there do not have admitting privileges at hospitals that are near enough to the clinics, according to the plaintiffs. Planned Parenthood's Milwaukee clinic would operate at half capacity.
Planned Parenthood also has an abortion clinic in Madison. The doctors there have admitting privileges.
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