Federal appeals court reinstates key provision of new Texas abortion law

posted at 10:01 am on November 1, 2013 by Ed Morrissey

The cheers of victory over a narrow injunction against Texas’ new law restricting late-term abortions and requiring abortion clinics to adhere to the same standards as other outpatient surgical centers was short-lived.  Last night, the 5th Circuit overturned a district court ruling that suspended the latter provision, which means that some clinics will start closing as early as today:

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A federal appeals court on Thursday ruled that most of Texas’ tough new abortion restrictions can take effect immediately – a decision that means as least 12 clinics won’t be able to perform the procedure starting as soon as Friday.

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.

It’s safe to say that this provision now upheld, at least temporarily, by the appellate court was one of the main motivations in passing the law.  The Texas legislature drafted the bill in response to the Kermit Gosnell horror in Pennsylvania, where lax regulation and non-existent enforcement created a charnel house that took the lives of infants born alive and at least one mother.  The requirement that abortionists meet the same level of professionalism and regulation as any other outpatient surgical center is a no-brainer.

This is, however, only a temporary order that allows immediate enforcement.  The district court will still consider the case proper early next year, on the two narrow issues of the lawsuit. So far, there has been no serious challenge to the limitation of abortion to 20 weeks from its previous 24-week limitation, and none would be likely to succeed anyway.


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Comment pages: 1 2

The bill’s goal is to close clinics and reduce access to to abortion services. The cynical mask of concern of women’s health is as nauseating as it is false.
The 5th’s ruling oddly acknowledges that the law creates a burden for those seeking services…
 
verbaluce on November 1, 2013 at 11:11 AM

 
That’s an extremely good point.
 
Fewer than 100,000 women in Texas have an abortion each year:
 
http://www.guttmacher.org/pubs/sfaa/texas.html
 
The population of Texas is 26,000,000.
 
100,000 / 26,000,000 = 0.0038
 
0.004 x 100 = 0.4%
 
Zero point four tenths of one percent.
 
4/10ths of 1% of the Texas population.
 
0.4%
 
So yes, your concern is noted, but I guess we’ll have to defer to verbaluce on this one:
 

(voter fraud)
 
A gnat of an example – as will be any/all you find…
Even monkeytoe ‘doubts it rises to the level of 1%’.
And that’s an extreme overreach of an estimate.
 
verbaluce on August 26, 2013 at 1:28 PM

rogerb on November 1, 2013 at 2:07 PM

Why do you want people like Gosnell performing any medical procedures on anyone? I don’t understand where you’re coming from here.

blink on November 1, 2013 at 12:38 PM

Huh?

verbaluce on November 1, 2013 at 2:40 PM

Gosnell existed because of the anti-abortion movement.
That harsh truth is so sadly lost of so many.
 
verbaluce on November 1, 2013 at 11:11 AM

 
He kept severed hands and feet in jars because of the anti-abortion movement?
 
rogerb on November 1, 2013 at 1:41 PM

 
verbaluce?

rogerb on November 1, 2013 at 3:06 PM

Gosnell existed because of the anti-abortion movement.
That harsh truth is so sadly lost of so many.
 
verbaluce on November 1, 2013 at 11:11 AM

 

Who were the women who went to Gosnell..what were there economic circumstances?
 
verbaluce on November 1, 2013 at 12:16 PM

 
A freedom fighter of sorts, verbaluce?

rogerb on November 1, 2013 at 3:43 PM

Gosnell existed because of the anti-abortion movement.
That harsh truth is so sadly lost of so many.

verbaluce on November 1, 2013 at 11:11 AM

Who were the women who went to Gosnell..what were there economic circumstances?

verbaluce on November 1, 2013 at 12:16 PM

A freedom fighter of sorts, verbaluce?

rogerb on November 1, 2013 at 3:43 PM

…and an ESL student.

slickwillie2001 on November 1, 2013 at 3:49 PM

Who were the women who went to Gosnell..what were there economic circumstances?
What’s the Hyde Amendment?

I’m not the one full of it, my friend.

verbaluce on November 1, 2013 at 12:16 PM

Why is any of that relevant to Gosnell? You are not only full of it, you’re a ghoul. As are all abortion apologists who argue in this fashion.

GWB on November 1, 2013 at 3:56 PM

funny you seldom see the pro-murder people actually having anything to do with the operation of a murder mill.
if you’re so supportive go spend time at one helping out.
maybe you can find your dream date at one, go ahead and stand up for your “principles” and spend time at a facility.

dmacleo on November 1, 2013 at 4:09 PM

Weird. No one even mentioned Obamacare.

rogerb on November 1, 2013 at 4:20 PM

This is nonsense and shows how the pro-life movement afflicts the reason of otherwise reasonable people. …. For example, what does admitting provisions at a nearby hospital have to do with anything?

thuja on November 1, 2013 at 10:16 AM

So what you’re saying is, being able to admit patients to a hospital is totally irrelevant to a doctor performing a surgical procedure.

Maybe it’s not the pro-life movement that’s having trouble with reasoning.

There Goes the Neighborhood on November 1, 2013 at 8:27 PM

Weird. No one even mentioned Obamacare.
rogerb on November 1, 2013 at 4:20 PM

If you like your fetus, you’ll be able to keep your……wait. Let me think this through.

-Verbaluce

Maddie on November 1, 2013 at 8:55 PM

Good to see you, btw. I know it must be tough to have to avoid all the Obamacare threads.

rogerb on November 1, 2013 at 2:04 PM

…as always…good observation!

KOOLAID2 on November 1, 2013 at 8:56 PM

The left will be incensed. It used to be “Safe, Legal, and Rare.” Now, they are mad, and want it changed: Safe, legal, and rare tax-payer supported/”

Wino on November 2, 2013 at 3:02 AM

“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.”

Sounds like the “court” confused Texas law with Obamacare. Higher costs, less access. (Although, when it comes to abortions, the Demwits will probably legislate that RN’s can perform abortions.)

NoPain on November 2, 2013 at 11:33 AM

Gosnell existed because of the anti-abortion movement. That harsh truth is so sadly lost of so many. verbaluce on November 1, 2013 at 11:11 AM

He kept severed hands and feet in jars because of the anti-abortion movement? rogerb on November 1, 2013 at 1:41 PM

The Philadelphia Police Crime Scene Unit traveled down the Atlantic City Expressway to search for the remains of unaccounted fetuses.

“We went down there because we thought maybe some of the babies were thrown into the bay,” he said. “There’s a lot of babies that are still unaccounted for that we don’t know where they’re at.”

The team ventured into the bay and pulled up several crab traps owned by Gosnell to see if there were remains inside. However, nothing was found. New Jersey authorities also sent a dive team into the bay before Taggart’s search and were unable to locate any remains.
~

Whatever might have been in his traps, he also maintained a crab box which, for you landlubbers, is a submerged wooden pen you keep your captured crabs in to fatten them up. If he was feeding his crabs babies, this, too, is the prolifers’ fault I guess.

Akzed on November 2, 2013 at 1:02 PM

rogerb on November 1, 2013 at 2:07 PM

Why do you want people like Gosnell performing any medical procedures on anyone? I don’t understand where you’re coming from here.

blink on November 1, 2013 at 12:38 PM

Huh?

verbaluce on November 1, 2013 at 2:40 PM

Verbal- always interesting what you avoid. You’re transparent and don’t even realize it. Laughable.

CWchangedhisNicagain on November 2, 2013 at 1:46 PM

dmacleo on November 1, 2013 at 4:09 PM

Bingo

BigAlSouth on November 2, 2013 at 5:01 PM

Comment pages: 1 2