This Judge Just Condemned Wisconsin’s Abortion Law as Unconstitutional. Read the Withering Ruling.

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The 7th US Circuit Court of Appeals ruled on Monday that a Wisconsin law requiring abortion providers to gain admitting privileges at nearby hospitals is unconstitutional.

The law that was struck down is known as a TRAP law—short for “targeted regulation of abortion providers.” According to the Guttmacher Institute, Wisconsin is one of 11 states that have required similar admitting privileges. (Courts have blocked these requirements in six of those states.) The law is particularly effective in conservative regions where hospitals are less likely to grant those privileges to abortion providers. The law’s supporters say the law ensures continuity of care if complications arise from the procedure. The American Congress of Obstetricians and Gynecologists notes that less than one half of 1 percent of all abortions involve major complications.

The 2-to-1 decision comes at a time when the constitutionality of TRAP laws are in question nationally. Just over a week ago, the Supreme Court agreed to hear a challenge to Texas’ “HB 2,” which decreased the state’s number of abortion clinics from 41 to 18 by implementing a host of TRAP laws. The ruling, due next year, will be the most notable reproductive rights ruling since Roe v. Wade.

Judge Richard Posner, writing for the 7th Circuit majority, stated that the regulation qualifies as an “undue burden” and that the medical grounds for such a requirement is “nonexistent.” Posner also had some words for abortion foes: “Opponents of abortion reveal their true objectives when they procure legislation limited to a medical procedure— abortion—that rarely produces a medical emergency.”

Posner—nominated by President Ronald Reagan—is known for his tart legal arguments, as we’ve noted previously. This case is no exception:

A great many Americans, including a number of judges, legislators, governors, and civil servants, are passionately opposed to abortion—as they are entitled to be. But persons who have a sophisticated understanding of the law and of the Supreme Court know that convincing the Court to overrule Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey is a steep uphill fight, and so some of them proceed indirectly, seeking to discourage abortions by making it more difficult for women to obtain them. They may do this in the name of protecting the health of women who have abortions, yet as in this case the specific measures they support may do little or nothing for health, but rather strew impediments to abortion. This is true of the Texas requirement, upheld by the Fifth Circuit in the Whole Woman’s case now before the Supreme Court, that abortion clinics meet the standards for ambulatory surgical centers—a requirement that if upheld will permit only 8 of Texas’s abortion clinics to remain open, out of more than 40 that existed when the law was passed.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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