Alaska Judge Strikes Down Law Restricting Abortion Providers

Judge Rules Law Imposes Substantial Burden on Patients’ Fundamental Privacy Rights

A state judge in Alaska has struck down a law that prohibits anyone other than a licensed physician from performing abortions. Superior Court Judge Josie Garton ruled that the law imposes a substantial burden on patients’ fundamental privacy rights to make reproductive health decisions.

Background

The Alaska Supreme Court has previously found that the right to privacy in the state’s constitution also applies to abortion rights. The 2019 lawsuit was brought by Planned Parenthood, which challenged the law that says only a doctor licensed by the State Medical Board can perform an abortion in Alaska.

Judge’s Ruling

Judge Garton ruled that advanced practice clinicians (APCs) such as nurse practitioners and physician assistants are qualified to provide abortion care and treat any complications that may arise. The judge noted that there is no medical reason why abortion is regulated more restrictively than any other reproductive care.

Impact of the Ruling

The decision stems from a preliminary injunction issued by Judge Garton in 2021, which stopped the state from enforcing part of the law, allowing APCs to provide medication abortions. Since then, medication abortion has been available every day that advanced practice clinicians have been in Planned Parenthood clinics.

Rationale for the Ruling

Judge Garton noted that abortion is time-sensitive, and the few abortion clinics in the state don’t employ any full-time physicians, only on a per diem basis as needed. Alaska is a largely rural state that is also facing a shortage of licensed doctors. APCs deliver most of the services provided by Planned Parenthood, which lets the organization keep costs down.

Consequences of Restrictive Law

“When APCs are barred from providing abortion, there are fewer available providers, fewer appointments, and potential for greater delay,” Judge Garton said in her ruling. “Given the time-sensitivity of accessing abortion care and the way the service is delivered state-wide through three health centers, many patients must travel significant distances to reach a health center.”

Conclusion

Judge Garton’s ruling strikes down a restrictive law that limits access to abortion care in Alaska. The decision recognizes the qualifications of advanced practice clinicians to provide abortion care and acknowledges the importance of privacy rights in reproductive health decisions.

FAQs

Q: What is the significance of the ruling?

A: The ruling strikes down a restrictive law that limits access to abortion care in Alaska and recognizes the qualifications of advanced practice clinicians to provide abortion care.

Q: What is the reasoning behind the judge’s decision?

A: The judge ruled that the law imposes a substantial burden on patients’ fundamental privacy rights to make reproductive health decisions and that there is no medical reason why abortion is regulated more restrictively than any other reproductive care.

Q: What are the implications of the ruling?

A: The ruling allows advanced practice clinicians to provide medication abortions, which will increase access to abortion care in Alaska and reduce delays in receiving services.

Q: What is the status of the law?

A: The law has been struck down, and advanced practice clinicians are now qualified to provide abortion care in Alaska.