Friday, November 1, 2013

Appeals court lifts ban on Texas abortion law


Category: The Constitution

Level: National

This article concerns policies that affect individuals and families.

This article discusses the federal appeals court decision to allow Texas to fully enforce strict abortion regulations

My views:

A panel of the 5th U.S. Circuit Court of Appeals has overturned U.S. District Judge Lee Yaekel’s decision that requiring doctors to gain admitting privileges at a hospital within 30 miles of abortion clinics is unconstitutional. This means that 13 of the 32 Texan abortion clinics will be closed because their doctors have not been able to gain admitting privileges, effectively limiting women’s access to abortion. This is unconstitutional.

There is no evidence that the outcome for women receiving abortion services from doctors with admitting privileges within 30 miles of the clinic is any better than for women whose doctors do not have admitting privileges. Often times, rural clinics depend on doctors who live far away and have admitting privileges at hospitals in their home city. Just because they don’t have admitting privileges doesn’t mean that the woman has any less access to hospital care.

Doctors without admitting privileges perform colonoscopies, liposuctions, etc. in clinics every day. Singling out abortion clinics for this requirement is unconstitutional.


This is a battle lost, but the war is yet to be determined. House Bill 2 will be ruled as constitutional or unconstitutional in January. For now, 40% of the state’s abortion clinics must shut their doors. 



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