Federal Judge In Texas Rules On Controversial Abortion Law

By Tristan Ahtone
October 28, 2013

A federal judge has ruled on the constitutionality of two key provisions of Texas’ controversial abortion law.

According to KUT Austin:

Judge Lee Yeakel has blocked one part of Texas’ new abortion restrictions from taking place, while broadly allowing another provision to stand.

HB 2, passed this summer, “requires abortion doctors to have admitting privileges at nearby hospitals, and clinics must meet the standards of ambulatory surgical centers,” and that “all abortions must take place in surgical centers, rather than allowing women to take abortion drugs at home.”

In September, The American Civil Liberties Union and the Planned Parenthood Federation of America filed a federal lawsuit arguing the states law would shut down at least 13 clinics in Texas.

On Monday, Judge Lee Yeakel ruled on those provisions, striking down the portion of the law pertaining to admitting privileges at nearby hospitals:

“Having carefully considered the parties’ briefing, stipulations, exhibits, trial testimony, arguments of counsel and the applicable law, the court concludes: 1) the act’s admitting privileges provision is without a rational basis and places a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus.”

Yeakel also issued a limited injunction on medication requirements:

“Although the medication- abortion provisions do not generally place an undue burden on a woman seeking an abortion, they do if they ban a medication abortion where a physician determines, in appropriate medical judgment, such a procedure is necessary for the preservation of the life or health of the mother.

Another provision of the states new law bans abortions after 20 weeks. However, Yeakel did not issue a ruling as that portion of HB 2 is in court in Arizona.

Texas’ abortion law goes into effect on Tuesday.