Surprise! Court reinstates most of Texas’ new abortion restrictions
In a move that took both sides of the abortion divide by surprise, the 5th District Court of Appeals yesterday reversed most of a lower court’s decision to block an impactful portion of Texas’ new anti-abortion law. From USA Today:
A federal appeals court reinstated most of Texas’ tough new restrictions on abortions Thursday in a ruling that means as many as a dozen clinics around the state will not be able to continue performing procedures.
The restrictions could take effect Friday, stopping abortion procedures in at least one-third of the state’s licensed health centers, according to opponents of the law.
The ruling from a panel of the 5th Circuit Court of Appeals came just three days after a federal district judge set aside part of the law, a requirement that doctors who perform abortions have admitting privileges at nearby hospitals. That ruling by Judge Lee Yeakel said the provision served no medical purpose….
The panel left in place a portion of Yeakel’s order that prevents the state from enforcing the U.S. Food and Drug Administration protocol for abortion-inducing drugs in cases where the woman is between 50 and 63 days into her pregnancy. Doctors testifying before the court had said such women would be harmed if the protocol were enforced.
The court’s order is temporary until it can hold a complete hearing, likely in January.
The court decision means that beginning as early as today any abortion mill whose abortionist on call does not have admitting privileges at a hospital within 30 miles of the chop shop will have to STOP committing abortions.
The fallout for the abortion industry appears real.
Per Daily Kos, Amy Hagstrom Miller (pictured right), the owner of five Texas abortion clinics, told Rachel Maddow last night that three of her clinics will shut down immediately.” Miller tweeted that she was “devastated.”
Miller told Maddow one of her shuttered clinics is on the border, in McAllen, and aborts mothers from Mexico as well as the U.S. ”Most of the women we serve there are mothers,” noted Miller, meaning the contraceptive/comprehensive sex ed movement has failed them by giving them a false sense of security.
More on the court decision from The New York Times:
The requirement is likely to be unconstitutional, [Yeakel] declared, because it is “without a rational basis and places a substantial obstacle in the path of a woman seeking an abortion.”
But the appeals panel found just the opposite: that the rule is likely to be constitutional because it serves a legitimate state interest in regulating doctors and does not impose an “undue burden” on the right to abortion.
The appeals court said that the admitting privilege rule might “increase the cost of accessing an abortion provider and decrease the number of physicians available to perform abortions.”
But it cited a Supreme Court statement in an earlier abortion case that if a regulation serves a valid purpose, the fact that it has “the incidental effect of making it more difficult or more expensive to procure an abortion cannot be enough to invalidate it.”
The appeals court’s move is by no means permanent, so it is premature to declare victory for babies, mothers, and their families, but undoubtedly there will be lives saved because of yesterday’s decision.
[Top photo via RH Reality Check; bottom screen shot via Daily Kos]
Jill Stanek is a nurse turned speaker, columnist and blogger, a national figure in the effort to protect both preborn and postborn innocent human life.
I like good news first thing in the morning!!! And indeed this is very good news!!! Thanks Jill for sharing..
We have an upper hand here (SCOTUS statement most of all) and this temporary victory will become permanent.
Devastated? Devastated that you won’t be able to kill babies and harm as many women??
Or devastated that your little empire is crumbling??
Buh bye $$$$$$$$$
So, the order is only temporary until January. Meanwhile, I understand volunteers may start assisting women from the areas where clinics are closing to get their abortions in areas where clinics remain open, providing them with free transportation and housing.
YEEHAAAAWH!!!!!
Interesting enough, another article mentioned that the panel of judges that upheld the restrictions were all appointed by Bush. So yes, elections matter people!
Well, afterall you would not want PP to lose money due to this new ruling “merit.” “Free” transportation and housing are now included as a hidden cost in PPs charges for an abortion. How nice of you to think of these women’s welfare…
JDC, see…it is still all Bush’s fault :) Where did you read that they were all Bush appointees? I would like to see the article.
Thomas R, not part of any fees–volunteer groups may provide the transportation and housing.
JDC, the trial court judge (Yeakel) was a Bush nominee, too.
Hmm. Housing for mothers about to evict little humans from their first home. Irony is so ironic.
That being said, ob/gyns need to stop referring for abortion, stat. Women in complicated pregnancies need genuine care, but I suspect many docs refer for abortion to keep their malpractice insurance premiums lower. Women often trust their doctors, but the facilities they are referred to are unnecessary and sub par. Abortion is almost NEVER between a woman and her own doctor.
MAY is not definite “merit.” And by using MAY you are not even certain of it, so that’s great. Thanks…
“The staff is literally sobbing,” says poor Amy Hagstrom Miller.
Yes, I imagine the withdrawals from killing humans can be quite traumatic.
If they just keep their chins up, they will understand that now their time is freed up to help us prolifers take care of the born children.
“Where did you read that they were all Bush appointees? I would like to see the article.”
No problem. Think Progress kindly informs us of this right here.
Even Judges tend to loose their way sometimes JDC. But no worries because the 5th Circuit Court of Appeals has SCOTUS precedent on their side in overtunring Yoekel – that will withstand pro-aborts assault on the right to live…
And, hae you noticed that the 5th Circuit Appeals Court is federal not state?
The requirement is likely to be unconstitutional, [Yeakel] declared, because it is “without a rational basis and places a substantial obstacle in the path of a woman seeking an abortion.”
If Yeakel’s abortion advocacy were found to be constitutional then every outpatient surgical center in the the State of Texas would have grounds for refusing to comply with the provision in state law that requires them to have admitting privelges at an accredited hosptial.
But the vast majority of the outpatient surgical centers and the physicians who practice in them would not challenge the requirement because they care about their patients welfare and the insurcance company that provides their malpractice coverage would still require them to have admitting privileges.
But the ‘dead babies r us’ mob and their mercenary mechanics and barbarous butchers are not burdened or restrained by any such legal, ethical or moral considerations.
Pregnant females are nothing more to pp pimps than cash cows to be milked as early and as often as possible until they have drained the last penny of profit from their depleted corpses.
Well said Ken!!!!
Wow! Supreme Court, here we come?
Nice to see you actually label it as ‘anti-abortion law’ rather than the false ‘protecting women law’ usually claimed.
Hopefully the challenge to come will realise a rational outcome by excoriating this dishonest legislation before the risks to women increase.
Real-stupid-ity
You half way stumbled into the truth.
The regulation would have been more accurately dubbed the ‘preventing child homicide law’ which had the additional ekffect of protectiing women from money grubbing quacks and feminista flacks whose primary, in most cases sole, interest is exploiting a proven revenue stream to fund their progressive/humaniistic agenda and at the same time depopulate the planet of those they view as mere ‘weeds’.
Merit,
Maybe you are getting confused with Pregnancy Care Centers that actually CARE about and HELP women? They help them with jobs, transportation, housing, rent, maternity clothing, parenting classes, baby gear and necessities well into the toddler years of that babies life……ALL FOR FREE!! Run by volunteers!