Abortion Restrictions Back in Texas

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  • Ian McColgin
    Senior Member
    • Apr 1999
    • 51639

    Abortion Restrictions Back in Texas

    Appeals court upholds most of abortion law

    By The Associated Press
    Published: October 31, 2013, 8:44 PM

    AUSTIN, Texas — A federal appeals court on Thursday ruled that most of Texas' tough new abortion restrictions can take effect immediately.

    A panel of judges at the 5th Circuit Court of Appeals in New Orleans said the law requiring doctors to have admitting privileges at a nearby hospital can take effect while a lawsuit challenging the restrictions moves forward. The panel issued the ruling three days after District Judge Lee Yeakel said the provision serves no medical purpose.

    In its 20-page ruling, the appeals court panel acknowledged that the provision “may increase the cost of accessing an abortion provider and decrease the number of physicians available to perform abortions.” However, the panel said that the U.S. Supreme Court has held that having “the incidental effect of making it more difficult or more expensive to procure an abortion cannot be enough to invalidate” a law that serves a valid purpose, “one not designed to strike at the right itself.”

    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.

    After Yeakel halted the restrictions, Texas Attorney General Greg Abbott had made an emergency appeal to the conservative 5th Circuit, arguing that the law requiring doctors to have admitting privileges is a constitutional use of the Legislature’s authority.

    “This unanimous decision is a vindication of the careful deliberation by the Texas Legislature to craft a law to protect the health and safety of Texas women,” Abbott, a Republican who is running for governor, said in a written statement.

    Lawyers for Planned Parenthood and other abortion providers had argued that the regulations do not protect women and would shut down a third of the 32 abortion clinics in Texas.

    Twelve of Texas’ abortion clinics won’t be able to perform the procedure starting as soon as Friday.

    In a statement Thursday, Planned Parenthood said the appeals court decision means “abortion will no longer be available in vast stretches of Texas.”

    “This fight is far from over,” Planned Parenthood President Cecile Richards said in the statement. “This restriction clearly violates Texas women’s constitutional rights by drastically reducing access to safe and legal abortion statewide.”

    The court’s order is temporary until it can hold a complete hearing, likely in January.

    The restrictions are among the toughest in the nation and gained notoriety when Democratic state Sen. Wendy Davis launched a nearly 13-hour filibuster against them in June. Davis has since launched her own gubernatorial campaign and could face Abbott in the November 2014 election. Republican Gov. Rick Perry has said he will not seek another term.

    The law that the Legislature passed this summer also bans abortions at 20 weeks of pregnancy and beginning in October 2014 requires doctors to perform all abortions in surgical facilities.

    Officials for one chain of abortion clinics testified in the trial that Yeakel oversaw that they’ve tried to obtain admitting privileges for their doctors at 32 hospitals, but so far only 15 accepted applications and none have announced a decision. Many hospitals with religious affiliations will not allow abortion doctors to work there, while others fear protests if they provide privileges. Many have requirements that doctors live within a certain radius of the facility, or perform a minimum number of surgeries a year that must be performed in a hospital.

    # # #
  • Shang
    Senior Member
    • Sep 2000
    • 10021

    #2
    Re: Abortion Restrictions Back in Texas

    Why can't the right-wingers keep their hands out of other people's pants?

    Comment

    • bogdog
      Senior Member
      • Aug 2012
      • 5045

      #3
      Re: Abortion Restrictions Back in Texas

      I love this: “one not designed to strike at the right itself.”

      Comment

      • John Smith
        Senior Member
        • Mar 2009
        • 48675

        #4
        Re: Abortion Restrictions Back in Texas

        Originally posted by Shang
        Why can't the right-wingers keep their hands out of other people's pants?
        Because they want a less intrusive government.

        What really puzzles me is these are the same people who don't want hungry kids to have food stamps, and generally hate single moms as they are somehow in violation of the "family values" Republicans preach.
        "Banning books in spite of the 1st amendment, but refusing to regulate guns in spite of "well regulated militia' being in the 2nd amendment makes no sense. Can't think of anyone ever shot by a book

        Comment

        • John Smith
          Senior Member
          • Mar 2009
          • 48675

          #5
          Re: Abortion Restrictions Back in Texas

          They also want to broaden their appeal and close the gender gap.
          "Banning books in spite of the 1st amendment, but refusing to regulate guns in spite of "well regulated militia' being in the 2nd amendment makes no sense. Can't think of anyone ever shot by a book

          Comment

          • Rick-Mi
            Banned
            • Apr 2006
            • 2794

            #6
            Re: Abortion Restrictions Back in Texas

            God bless Texas!

            Comment

            • ccmanuals
              Son of a Guineaman
              • Dec 2001
              • 13318

              #7
              Re: Abortion Restrictions Back in Texas

              Abortion, "Texas Style"

              Tom

              "Leave the gun, take the cannolis"

              Comment

              • John of Phoenix
                Senior Member
                • Jun 2001
                • 31214

                #8
                Re: Abortion Restrictions Back in Texas

                Rock the Celebration ricki.

                Comment

                • LeeG
                  Senior Member
                  • May 2002
                  • 72780

                  #9
                  Re: Abortion Restrictions Back in Texas

                  No doubt this will attract women and young people to the Republican Party

                  Comment

                  • Curtism
                    Treadin' Trodden Trails
                    • Jul 2010
                    • 9118

                    #10
                    Re: Abortion Restrictions Back in Texas

                    Wiley Miller had them pegged early on.



                    With any luck, by the time they figure it out it will be too late.
                    ______________

                    Life is short, play with your cougar.

                    Comment

                    • John of Phoenix
                      Senior Member
                      • Jun 2001
                      • 31214

                      #11
                      Re: Abortion Restrictions Back in Texas

                      Over several days I went past this place at least a dozen times and never saw anyone coming or going. Are there no Angry Old White Women left in the republican party?

                      Comment

                      • bogdog
                        Senior Member
                        • Aug 2012
                        • 5045

                        #12
                        Re: Abortion Restrictions Back in Texas

                        Originally posted by John of Phoenix
                        Over several days I went past this place at least a dozen times and never saw anyone coming or going. Are there no Angry Old White Women left in the republican party?

                        They all joined the Tea Party, trust me.

                        Comment

                        • CWSmith
                          New Hampshire
                          • Nov 2008
                          • 43995

                          #13
                          Re: Abortion Restrictions Back in Texas

                          Originally posted by Ian McColgin
                          ...A panel of judges at the 5th Circuit Court of Appeals in New Orleans said the law requiring doctors to have admitting privileges at a nearby hospital can take effect while a lawsuit challenging the restrictions moves forward. The panel issued the ruling three days after District Judge Lee Yeakel said the provision serves no medical purpose...
                          "no medical purpose"? I find that hard to accept. Abortions may be fairly routine, but they do go badly at times. Wouldn't you want a doctor who can get you into a hospital very, very fast? I have heard of some very bad, albeit rare, cases and I think I would want a doctor who is connected with a hospital to do the procedure. That's not to say the law isn't political.
                          "Where you live in the world should not determine whether you live in the world." - Bono

                          "Live in such a way that you would not be ashamed to sell your parrot to the town gossip." - Will Rogers

                          "Those are my principles, and if you don't like them... well, I have others." - Groucho Marx

                          Comment

                          • bogdog
                            Senior Member
                            • Aug 2012
                            • 5045

                            #14
                            Re: Abortion Restrictions Back in Texas

                            Originally posted by CWSmith
                            "no medical purpose"? I find that hard to accept. Abortions may be fairly routine, but they do go badly at times. Wouldn't you want a doctor who can get you into a hospital very, very fast? I have heard of some very bad, albeit rare, cases and I think I would want a doctor who is connected with a hospital to do the procedure. That's not to say the law isn't political.
                            A large number of hospitals in the US don't allow any type of pregnancy termination procedure no matter the reason. If there isn't a hospital in an area that does allow that type of procedure what is a doctor to do if they provide that type of care in their practice?

                            Comment

                            • CWSmith
                              New Hampshire
                              • Nov 2008
                              • 43995

                              #15
                              Re: Abortion Restrictions Back in Texas

                              Originally posted by bogdog
                              A large number of hospitals in the US don't allow any type of pregnancy termination procedure no matter the reason. If there isn't a hospital in an area that does allow that type of procedure what is a doctor to do if they provide that type of care in their practice?
                              I understand, but I'm not sure that allowing doctors who do that work and allowing that work to be done are the same thing. If you present a patient at the emergency room who is bleeding, I don't think they refuse to admit because of how the bleeding was initiated. Having rights simply means the patient gets in faster and in some cases a few minutes make all the difference.

                              You may be right and I did admit the law may well be political. I'm just saying that there is a difference between removing a pimple and removing a fetus - ethics aside, one is a great deal more dangerous than the other and having a hospital close is a good thing.
                              "Where you live in the world should not determine whether you live in the world." - Bono

                              "Live in such a way that you would not be ashamed to sell your parrot to the town gossip." - Will Rogers

                              "Those are my principles, and if you don't like them... well, I have others." - Groucho Marx

                              Comment

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