Federal Appeals Court Reinstates Texas Pro-life Measure

By:  Dave Bohon
Federal Appeals Court Reinstates Texas Pro-life Measure

A federal appeals court has reinstated an important Texas pro-life law, meaning that a dozen clinics in the state may be unable to perform abortions.

Days after a federal court struck down key elements of a Texas pro-life law, a federal appeals court has reinstated part of the law, meaning that up to one-third of abortion clinics in the state will be unable to perform abortions.

On October 28 District Judge Lee Yeakel blocked the law's requirement that abortion doctors have hospital admitting privileges within 30 miles of an abortion clinic, as well as a provision requiring abortionists to dispense abortion-inducing drugs in person rather than through videoconferencing with a pregnant woman. On October 31, on an emergency appeal from Texas Attorney General Greg Abbott, the 5th Circuit Court of Appeals reinstated the requirement that abortionists have hospital admitting privileges. Abbott argued that the state legislature had the constitutional authority to implement such restrictions. The ruling by the appeals court is temporary until a complete hearing is held on the measure in January.

The court left intact Yeakel's ruling that overturned the law's restrictions on the dispensing of RU-486 and other drugs that can induce abortion in women. The law's main pro-life element, a ban on abortion after the 20th week of pregnancy, was also not impacted by legal challenge.

Cecile Richards of Planned Parenthood, which has several clinics that will be impacted by the latest ruling, objected to the restrictions on her company's ability to terminate the lives of children. “This fight is far from over,” she said after the appeals court ruling. “This restriction clearly violates Texas women's constitutional rights by drastically reducing access to safe and legal abortion statewide.... We will take every step we can to protect the health of Texas women in the wake of this ruling.” As quoted by USA Today, Planned Parenthood complained that because of the restrictions “abortion will no longer be available in vast stretches of Texas, including areas surrounding Fort Worth, Harlingen, Killeen, McAllen, and Waco.”

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