Judges enjoin two state anti-abortion laws

by on July 20, 2010  •  In Uncategorized

Judges in Nebraska and Oklahoma have stopped enforcement of two of the most restrictive TRAP (targeted restrictions on abortion providers) laws enacted this year. In  Planned Parenthood of the Heartland v. Heineman [2010 WL 2773437], the U.S. District Court in Nebraska last week enjoined a law that would have taken effect July 15, requiring extraordinary screening of women seeking abortions and imposing a number of other procedural roadblocks. The court found that plaintiffs were likely to succeed on the merits on a number of theories, including the unduly burdensome interference test established by the Supreme Court in Casey. Judge Camp ruled that the law would impose "substantial, likely insurmountable obstacles."

Yesterday a state court judge in Oklahoma issued a preliminary injunction in Nova Health Systems v. Edmundson, blocking enforcement of a law that would have required women seeking abortion to be shown an ultrasound image of the fetus. The preliminary injunction, which will remain in place until a trial scheduled for 2011, replaced a temporary restraining order earlier granted by the same judge.


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