District Judge Lee Yeakel's October 28 ruling blocked a measure requiring abortion doctors to have hospital admitting privileges within 30 miles of an abortion clinic, as well as a provision requiring abortionists to follow FDA protocol for abortion-inducing drugs like RU-486. Key to that provision, noted LifeNews.com, “is the requirement that the abortionist administer chemical abortifacients in person, rather than via videoconferencing where he is never in the same room with the mother.”
In a statement to reporters following the ruling Abbott said he had “no doubt that this case is going all the way to the United States Supreme Court.”
The law was passed during a special session of the state legislature in July after an uncontrolled pro-abortion mob, spurred on by the political antics of state Senator Wendy Davis, prevented the measure from being signed into law during the regular legislative session.
In his 26-page decision, Yeakel wrote that the admitting privilege provision of the law “does not bear a rational relationship to the legitimate right of the state in preserving and promoting fetal life or a woman’s health and, in any event, places a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus and is thus an undue burden to her.”
Proponents of the measure emphasized that it is crucial to providing safeguards against the many abortion clinics that do not meet safety and cleanliness standards. Troy Newman of the pro-life group Operation Rescue said that “women deserve better than to be left to fend for themselves in the event of abortion complications while the abortionist flies off to another state leaving others to clean up his mess.”
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