Mitigating the Burdens of Unconstitutional Restrictions Amicus Brief

Amici are the American Civil Liberties Union and the ACLU of Louisiana.

The brief argues that multiple courts across the country have found admitting privileges requirements have no benefits and cause severe burdens to abortion access because hospitals will not grant privileges for a host of reasons unrelated to provider competency.

Requiring providers to make extreme and futile efforts to mitigate the burdens of a statute that furthers no valid interest is incompatible with the Supreme Court’s abortion precedents and its approach to constitutional rights more generally.