Mazurek v. Armstrong

1997-06-16

Headline: Court reverses appeals court and allows states to limit abortion procedures to licensed physicians, blocking a preliminary injunction that protected a nonphysician abortion provider.

Holding: The Court reversed the Ninth Circuit, holding that states may require that only licensed physicians perform abortions and that the appeals court erred in finding a likelihood of success without evidence of improper legislative purpose.

Real World Impact:

Makes it harder to get wide injunctions blocking physician-only abortion rules.
Reduces chances nonphysician providers immediately regain authorization statewide.
Signals courts will defer to states limiting medical tasks to licensed professionals.

Topics: abortion access, who can perform abortions, state medical licensing, temporary court orders

Summary

Background

In 1995 the Montana Legislature passed a law saying only licensed physicians may perform abortions. A group of licensed physicians and one physician assistant, Susan Cahill, challenged the law. A federal district court denied a preliminary injunction (a temporary court order), but the Ninth Circuit said the challengers had a fair chance of success and that decision led a district judge to enter a limited injunction protecting Cahill while appeals continued.

Reasoning

The Court considered whether Montana's physician-only rule was an unconstitutional obstacle or enacted for an unlawful purpose. Relying on prior decisions, the Court said states have broad authority to limit certain medical tasks to licensed professionals and found no evidence that the Montana Legislature had an improper motive or that the law in practice created a substantial obstacle to women seeking abortions. The per curiam opinion concluded the Ninth Circuit erred and reversed its judgment, sending the case back for further proceedings.

Real world impact

The decision reduces the chance that a single appeals-court ruling will block physician-only rules across several States and undercuts a quick path to permanent relief for nonphysician providers. The case is not a final decision on the law's validity; lower courts will continue to consider evidence and the parties' requests for permanent or preliminary relief. The ruling directly affects Montana and could influence challenges to similar laws in other States.

Dissents or concurrances

Justice Stevens (joined by Justices Ginsburg and Breyer) dissented, arguing the Court should not have intervened so early and noting record evidence suggesting the 1995 law targeted Cahill by name and that further factual development was appropriate.