A state judge in Alaska threw out a law that prohibits anyone other than a licensed physician from performing an abortion.
State Superior Court Josie Garton ruled there is no medical reason why abortions cannot be carried out by advanced-practice clinicians like nurse practitioners and physician assistants.
Since other pregnancy-related services can be provided by advanced-practice clinicians, limiting abortion services to physicians violates the equal protection guarantee and puts a burden on a patients' fundamental privacy rights, Garton wrote, according to the Alaska Beacon.
Planned Parenthood sued in 2019, arguing that the restriction of abortion services to physicians has become obsolete and results in unfair obstacles in a state facing a shortage of doctors and increasingly reliant on advanced-practice clinicians, the Beacon reported.
"When APCs are barred from providing abortion, there are fewer available providers, fewer appointments, and potential for greater delay," Garton wrote 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."
Garton had issued a preliminary injunction barring enforcement of the law in 2021.
Alaska Chief Assistant Attorney General Chris Robinson told the Beacon the state is considering its next steps. Robinson said given the evidence in the case, it was unclear how the prohibition substantially burdens a fundamental right.
"The statute was enacted to ensure medical safety, and those types of judgments are more appropriately made by the legislative or executive branches of government," Robinson said. "The department will continue to evaluate the court's decision and take steps it deems appropriate at a future date."
Sam Barron ✉
Sam Barron has almost two decades of experience covering a wide range of topics including politics, crime and business.
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