MADISON, Wis. -- Gov. Scott Walker quietly signed a contentious Republican bill Friday that would require women seeking abortions to undergo an ultrasound and ban doctors who lack admitting privileges at nearby hospitals from performing the procedures.
Opponents contend legislators shouldn't force women to undergo any medical procedure and the bill will force two abortion clinics where providers lack admitting privileges to shut their doors. The law takes effect Monday. Planned Parenthood of Wisconsin and the American Civil Liberties Union filed a federal lawsuit within hours of the signing alleging the bill is unconstitutional and asking for a temporary restraining order blocking the measure.
"What the Legislature has done is to set up a system where the ability to provide abortions is contingent on the decision of a private institution and that's unconstitutional," Planned Parenthood's attorney, Lester Pines, said in an interview.
A spokeswoman for the state Department of Justice, which defends state laws, said agency attorneys would review the lawsuit and respond in court.
The bill is part of a broad GOP push to dramatically curtail abortions nationally.
North Dakota's governor, Republican Jack Dalrymple, signed a law this spring that outlaws abortions as early as six weeks into a pregnancy, making North Dakota the most restrictive state in the nation to get an abortion. The state's lone abortion clinic has filed a federal lawsuit seeking to block the law.
Republicans in Arkansas this spring passed a law that bans most abortions after 12 weeks. A federal judge has temporarily blocked that law. A trial has been tentatively scheduled for next year.
Alabama passed a law similar to the Wisconsin bill in April requiring abortion providers to have admitting privileges at a local hospital. The ACLU and Planned Parenthood filed a lawsuit contending the law would shut down three clinics because doctors at the clinics haven't been able to get admitting privileges at nearby hospitals. A federal judge temporarily blocked the law in June. Another federal judge has temporarily blocked Mississippi officials from closing down that state's only abortion clinic because providers there lack admitting privileges.
Under the new Wisconsin law, any woman seeking an abortion would have to get an ultrasound. The technician would have to point out the fetus' visible organs and external features. Abortion providers would have to have admitting privileges at a hospital within 30 miles to perform the procedures.
Supporters argue ultrasounds will help the woman bond with the fetus and convince her to save it. The admitting privileges requirement ensures a woman who suffers an abortion-related complication has an advocate who can explain what happened when she reaches a hospital, they say.
Opponents maintain the law authorizes the government to dictate medical procedures. They've blasted the admitting privileges as ridiculous, saying an ambulance would take an ailing woman to the nearest hospital regardless of whether the abortion provider has admitting privileges.
Walker, a Republican, didn't sign the bill in public, instead sending out a statement early Friday afternoon saying the bill was now law.
"This bill improves a woman's ability to make an informed choice that will protect her physical and mental health now and in the future," the statement said.
The fight now shifts to court, just as it has in other states.
Planned Parenthood and the ACLU allege the admitting privileges will force a Planned Parenthood abortion clinic in Appleton to close as well as the Affiliated Medical Services abortion clinic in Milwaukee to close. The physicians in both clinics lack local admitting privileges and don't have time to secure any before the law takes effect, the lawsuit alleges.
Hospitals often grant privileges only to physicians who guarantee a minimum number of annual referrals, a requirement the abortion providers can't meet because abortion problems that require hospitalization are rare, according to the lawsuit. And some hospitals won't grant admitting privileges to abortion providers out of political, ideological or religious reasons, the lawsuit added.
Without a clinic in Appleton northern Wisconsin women will have to travel hundreds of miles to obtain abortions at Planned Parenthood's remaining clinics in Madison and Milwaukee, the lawsuit said.
The case fell to U.S. District Judge William Conley. It was unclear whether he would take any action before Monday.
Barbara Lyons, executive director of Wisconsin Right to Life, praised Walker for following through on promises to sign the bill. She said the law is on solid legal ground, noting eight other states have similar admitting privileges requirements for abortion privileges.
"It's no surprise they'll be challenging," she said of Planned Parenthood. "They see their livelihood threatened, their income threatened. We don't think in the long run they'll be successful."
Also on HuffPost:
Birth Control Causes Prostate Cancer
Earlier this year, a New Hampshire lawmaker came up with a new reason the government should not require health insurance companies to provide contraception. "As a man, would it interest you to know that Dr. Brownstein just published an article that links the pill to prostate cancer?" state Rep. Jeanine Notter (R) asked a male representative at the hearing, the <a href="http://merrimack.patch.com/articles/merrimack-rep-claims-the-pill-has-been-linked-to-prostate-cancer" target="_hplink">Merrimack Patch reports</a>. "In the children that are born from these women?" he asked. Notter could not clearly explain the study or how the pill results in prostate cancer. The study described in <a href="http://www.newsmaxhealth.com/dr_brownstein/Prostate_Cancer_The_Pill/2012/02/06/432113.html" target="_hplink">the newsletter of Dr. David Brownstein, a physician and holistic practitioner in Michigan,</a> suggests men may ingest estrogen through environmental contamination, not in utero from mothers taking birth control. An author of the study <a href="http://abcnews.go.com/blogs/health/2011/11/15/study-link-between-birth-control-pills-and-prostate-cancer/" target="_hplink">told ABC News</a>, "This is just a hypothesis-generating idea. Women should not be throwing away the pill because of this."
Abortion Causes Breast Cancer
The New Hampshire House in 2012 <a href="http://www.huffingtonpost.com/2012/03/14/abortion-breast-cancer-new-hampshire-_n_1345771.html" target="_hplink">passed a bill </a>that would require doctors to tell women seeking abortions that the procedure can cause breast cancer. Here is an excerpt from the bill, sponsored by Notter: <blockquote>Materials that inform the pregnant woman that there is a direct link between abortion and breast cancer. It is scientifically undisputed that full-term pregnancy reduces a woman's lifetime risk of breast cancer. It is also undisputed that the earlier a woman has a first full-term pregnancy, the lower her risk of breast cancer becomes, because following a full-term pregnancy the breast tissue exposed to estrogen through the menstrual cycle is more mature and cancer resistant. In fact, for each year that a woman's first full-term pregnancy is delayed, her risk of breast cancer rises 3.5 percent. The theory that there is a direct link between abortion and breast cancer builds upon this undisputed foundation. During the first and second trimesters of pregnancy the breasts develop merely by duplicating immature tissues. Once a woman passes the thirty-second week of pregnancy (third trimester), the immature cells develop into mature cancer resistant cells. When an abortion ends a normal pregnancy, the woman is left with more immature breast tissue than she had before she was pregnant. </blockquote> There is <a href="http://www.cancer.org/Cancer/BreastCancer/MoreInformation/is-abortion-linked-to-breast-cancer" target="_hplink">no link between abortions and breast cancer</a>, according to the World Health Organization, the American Cancer Society and other major health organizations. Similar provisions requiring doctors to make the abortion-breast cancer connection remain on the books in other state laws. Alaska, Kansas, Mississippi, Oklahoma, Texas all inaccurately assert a risk in written counseling materials, according to the <a href="http://www.guttmacher.org/statecenter/spibs/spib_MWPA.pdf" target="_hplink">Guttmacher Institute</a>, a New York-based reproductive health research organization.
Birth Control Is A Sex Pill
Rush Limbaugh showed he has no understanding of how birth control pills work when he attacked Sandra Fluke, a Georgetown law student barred from testifying as a Democratic witness at a congressional hearing about the Obama administration's contraception policy. Limbaugh <a href="http://www.huffingtonpost.com/2012/02/29/rush-limbaugh-sandra-fluke-slut_n_1311640.html" target="_hplink">called Fluke a "slut"</a> for needing lots of birth control to manage her sex life. "She wants to be paid to have sex," Limbaugh said. "She's having so much sex she can't afford the contraception. She wants you and me and the taxpayers to pay her to have sex." Rick Santorum has also said that contraception encourages a bad kind of sex. Last year, in an interview with the Evangelical blog Caffeinated Thoughts, <a href="http://swampland.time.com/2012/02/14/rick-santorum-wants-to-fight-the-dangers-of-contraception/" target="_hplink">Santorum warned of the "dangers of contraception:"</a> <blockquote>"It's not OK because it's a license to do things in the sexual realm that is counter to how things are supposed to be. They're supposed to be within marriage, they are supposed to be for purposes that are, yes, conjugal, but also [inaudible], but also procreative. That's the perfect way that a sexual union should happen. We take any part of that out, we diminish the act."</blockquote> <a href="http://www.huffingtonpost.com/michael-b-keegan/gop-obama-birth-control_b_1281808.html" target="_hplink">Most women who have had sex have used contraception</a>. Birth control pills -- which are taken daily, regardless of how frequently a woman has sex -- may also be taken to manage endometriosis, ovarian cysts, acne or other health problems. A <a href="http://www.huffingtonpost.com/2012/03/14/arizona-birth-control-bill-contraception-medical-reasons_n_1344557.html" target="_hplink">bill in Arizona proposed penalizing women who use the pill for non-medical reasons</a>.
Abortion Industry Is 'Selling Abortions'
A Republican state legislator in Arizona <a href="http://www.huffingtonpost.com/2012/03/20/abortion-bill-arizona-terri-proud-witness-email_n_1368386.html" target="_hplink">wrote in an email to a constituent</a> earlier this year that she wanted to force women seeking abortions to watch the procedure first. "Personally I'd like to make a law that mandates a woman watch an abortion being performed prior to having a 'surgical procedure,'" state Rep. Terri Proud (R) wrote. The constituent responded by email that she was "speechless" and after <a href="http://www.huffingtonpost.com/2012/03/23/abortion-bill-abortion-constituent-email-watching-abortion_n_1376389.html?ref=politics" target="_hplink">a baffling exchange with Proud</a>, released the emails to the media. Facing national outrage, Proud<a href="http://www.huffingtonpost.com/2012/03/21/terri-proud-arizona-legislator-abortion_n_1371213.html" target="_hplink"> issued a statement</a>: <blockquote>For too long, Planned Parenthood and the abortion industry have placed selling abortions above the health and safety of women. My message to a constituent last week emphasized my concerns with how abortion providers have not been honest with women about the realities of abortion, and the short and long-term risks of this dangerous surgical procedure.</blockquote> The notion that Planned Parenthood <a href="http://www.whyprolife.com/the-abortion-industry-they-believe-in-getting-children-young/" target="_hplink">baits women into unwanted pregnancies by providing ineffective contraception</a> then profits off the abortions is nothing new, but it's as outrageous as it sounds. Abortions constitute <a href="http://www.plannedparenthood.org/about-us/who-we-are/planned-parenthood-glance-5552.htm" target="_hplink">3 percent</a> of Planned Parenthood's services, and the organization estimates it <a href="http://www.washingtonpost.com/blogs/ezra-klein/post/what-planned-parenthood-actually-does/2011/04/06/AFhBPa2C_blog.html" target="_hplink">prevents more than 220,000 abortions each year</a> by providing contraception. Because Planned Parenthood is <a href="http://www.huffingtonpost.com/2011/04/08/title-x-headline_n_846852.html" target="_hplink">not allowed to use federal funds for abortions</a>, defunding the program may limit contraception services and result in more abortions.
Women Can't Get Pregnant From Rape
Just before Idaho's Senate withdrew a mandatory ultrasound bill in March, a Republican bill sponsor <a href="http://www.huffingtonpost.com/2012/03/20/chuck-winder-rape-abortions_n_1366994.html" target="_hplink">made some startling comments about abortion and rape</a>. "Rape and incest was used as a reason to oppose this," said state Sen. Chuck Winder (R). "I would hope that when a woman goes in to a physician with a rape issue, that physician will indeed ask her about perhaps her marriage, was this pregnancy caused by normal relations in a marriage or was it truly caused by a rape. I assume that's part of the counseling that goes on." It wasn't the first time a lawmaker has suggested that women seeking abortions may lie about rape. Some anti-abortion activists actually believe that rape cannot result in pregnancy. <a href="http://www.buzzfeed.com/annanorth/the-6-craziest-things-people-have-said-about-pregn" target="_hplink">Buzzfeed dug up a series of bizarre statements </a>Republicans have made about pregnancy, rape, juices not flowing and more. Here's one: <blockquote>The odds that a woman who is raped will get pregnant are "one in millions and millions and millions," said state Rep. Stephen Freind, R-Delaware County, the Legislature's leading abortion foe.<br> The reason, Freind said, is that the traumatic experience of rape causes a woman to "secrete a certain secretion" that tends to kill sperm.<br> Two Philadelphia doctors specializing in human reproduction characterized Freind's contention as scientifically baseless.</blockquote> <a href="http://www.plannedparenthood.org/health-topics/ask-dr-cullins/cullins-preg-5291.htm" target="_hplink">According to Planned Parenthood</a>, about 5 percent of rapes result in pregnancy, and providing all rape victims with emergency contraception could prevent more than 22,000 unwanted pregnancies a year. <em><strong>Correction:</strong> A previous version of this text misstated the status of Idaho's mandatory ultrasound bill legislation. Lawmakers ultimately decided to table the measure.</em>
Prenatal Testing Leads To Abortion
Former GOP presidential candidate Rick Santorum made prenatal testing a campaign issue in February when <a href="http://www.huffingtonpost.com/2012/02/22/rick-santorum-prenatal-testing_n_1293153.html#s584044&title=On_Contraception" target="_hplink">he declared</a> the tests are designed to "cull the ranks of the disabled in our society" by encouraging abortions. "Amniocentesis does, in fact, result more often than not in this country in abortions," <a href="http://www.washingtonpost.com/blogs/election-2012/post/rick-santorum-prenatal-testing-encourages-abortions/2012/02/19/gIQAvmZeNR_blog.html" target="_hplink">Santorum, who has a severely disabled daughter, said on "Face the Nation."</a> "That is a fact." In fact, more than 90 percent of amniocenteses tests result in normal diagnoses, and half of fetuses diagnosed with severe abnormalities -- about 5 percent of those tested -- are aborted, <a href="http://www.politifact.com/truth-o-meter/statements/2012/feb/27/rick-santorum/rick-santorum-says-amniocentesis-does-fact-result-/" target="_hplink">according to PolitiFact</a>. A campaign spokeswoman for Obama <a href="http://www.huffingtonpost.com/2012/02/22/rick-santorum-prenatal-testing_n_1293153.html#s584044&title=On_Contraception" target="_hplink">condemned Santorum's comments</a> as "misinformed and dangerous" and pointed out that the tests help women have safer deliveries and healthier babies.
HPV Vaccine Causes Retardation
Back when Rick Perry was campaigning for president, <a href="http://www.huffingtonpost.com/2011/09/13/rick-perry-hpv-vaccine_n_961159.html" target="_hplink">his rivals attacked him</a> for signing an executive order mandating the human papillomavirus vaccine for young girls, and misinformation quickly spread. Michele Bachmann <a href="http://www.huffingtonpost.com/2011/09/19/michele-bachmann-retardation-claim_n_970919.html" target="_hplink">insinuated that the vaccine causes mental retardation</a>, while Santorum spoke out against "having little girls inoculated at the force and compulsion of the government." The vaccine is safe and effective in preventing cervical cancer caused by certain strains of HPV, and Perry's 2007 executive order, which was overturned by the state legislature, would have allowed parents to opt out of having their daughters vaccinated. Dr. Renata Arrington-Sanders, a professor at Johns Hopkins University medical school, <a href="http://www.huffingtonpost.com/2011/09/13/rick-perry-hpv-vaccine_n_961159.html" target="_hplink">told HuffPost's Laura Bassett</a>: <blockquote>"The HPV vaccine has been shown to be safe and well-tolerated based on multiple medical reports that have been submitted through government databases. It's unfortunate that this particular vaccine is surrounded by a lot of controversy just because it's been labeled as an STD-prevention vaccine. We have similar vaccines, such as one for hepatitis B, that are also used in a mandated approach and have shown very successful rates with prevention."</blockquote>
Plan B Causes Abortions
The debate over the Obama administration's contraception policy has yielded some puzzling claims about birth control and Plan B. House Speaker John Boehner (R-Ohio) <a href="http://www.lifenews.com/2012/02/08/boehner-pledges-congress-will-overturn-new-obama-mandate/" target="_hplink">addressed the House</a> in February, urging his colleagues to reverse Obama's mandate for health insurance coverage of "abortion-inducing drugs:" <blockquote>In recent days, Americans of every faith and political persuasion have mobilized in objection to a rule put forward by the Obama administration that constitutes an unambiguous attack on religious freedom in our country. This rule would require faith-based employers -- including Catholic charities, schools, universities, and hospitals -- to provide services they believe are immoral. Those services include sterilization, abortion-inducing drugs and devices, and contraception.</blockquote> Michele Bachmann called Plan B an abortion pill when she incorrectly criticized Obama for making the drug available over-the-counter -- an FDA recommendation the administration and Health and Human Services Secretary Kathleen Sebelius <a href="http://www.huffingtonpost.com/2011/12/08/obama-sebelius-morning-after-pill_n_1137014.html" target="_hplink">rejected last year</a>. "The president can put abortion pills for girls 8 years of age, 11 years of age, on the bubblegum aisle," <a href="http://www.huffingtonpost.com/2011/12/28/gop-candidates-personhood_n_1172082.html" target="_hplink">Bachmann said</a> at a "pro-life" town hall in December. Contraceptives, emergency or not, prevent pregnancy. They don't cause abortions. Plan B works in the same way and with the same ingredients as birth control pills, just at a higher dosage, and<a href="http://www.christianitytoday.com/ct/2006/august/31.44.html?start=2" target="_hplink"> does nothing to stop the development of a fetus</a>.
Your Fetus Is Just Fine
The Arizona Senate<a href="http://www.huffingtonpost.com/2012/03/09/wrongful-birth-bill-arizona-senate-abortion-bill_n_1335117.html" target="_hplink"> passed a bill</a> in March to protect doctors from "wrongful birth" lawsuits -- effectively allowing them to withhold information that may lead a patient to get an abortion. HuffPost's John Celock <a href="http://www.huffingtonpost.com/2012/02/06/kansas-anti-abortion-bill_n_1258185.html" target="_hplink">reports</a>: <blockquote>Sen. Nancy Barto (R-Phoenix) told the Claims Journal that she sponsored the law because she did not want claimants to blame a doctor for a baby born with disabilities. Under the provisions of her bill, a doctor could not be sued for medical malpractice if the doctor withholds information from a mother about a child's potential health issues that could influence her decision to have an abortion. In addition, a lawsuit could not be filed on the child's behalf regarding a disability.</blockquote> Kansas lawmakers <a href="http://www.huffingtonpost.com/2012/02/06/kansas-anti-abortion-bill_n_1258185.html" target="_hplink">have considered similar legislation</a>.