October 28, 2013

Texas abortion law goes down

Federal Judge Lee Yeakel has just ruled, and he said the admitting privileges issue won't fly.
(He) ruled the admitting privileges requirement is unconstitutional and poses an undue burden on women seeking an abortion.
The statute "does not bear a rational relationship to the legitimate right of the State in preserving and promoting fetal life or a woman's health and, in any event, places a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus and is thus an undue burden to her," Yeakel wrote. 

"The court concludes that admitting privileges have no rational relationship to improved patient outcomes and hospital admitting privileges within 30 miles of a facility in which a physician provides abortion services."
He let stand a part of the law on pregnancy-terminating drugs, but, overall, this seems a pretty clear rebuke for Greg Abbott, and also for Dudley Dewless, aka David Dewhurst.

As the American-Statesman makes clear, there were several specific issues that didn't fly with Yeakel, including board certification for doctors and hospital admitting privileges.

And, even on the drugs issue, Yeakel's statement made clear this isn't open and shut.

And, so, we move on to the conservative Fifth Court of Appeals, where at least part of Yeakel's ruling could well be overturned again.

Dewless, in a special statement said:
"I'm saddened to see two time-and-money consuming special sessions of the Texas Legislature wasted, and my chances for re-election becoming closer to being shot all to hell.
Challengers Todd Staples, Jerry Patterson and Dan Patrick simply re-tweeted Dewless.

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