Texas Abortion Restrictions Declared Unconstitutional
Two provisions of Texas House Bill 2, have been declared unconstitutional. This is the bill that Texas Senator Wendy Davis filibustered.
Huffington Post reports,
AUSTIN, Texas — AUSTIN, Texas (AP) — A federal judge has determined that new Texas abortion restrictions violate the U.S. Constitution, a ruling that keeps open — at least for now — dozens of abortion clinics that were set to halt operations Tuesday had key parts of the law taken effect.
US District Judge Lee Yeakel said the following about the provision requiring doctors to have admitting privileges at hospitals within 30 miles.
The admitting-privileges provision of House Bill 2 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.
He said the following on the provision restricting doctors prescribing abortion pills.
The medication abortion provision may not be enforced against any physician who determines, in appropriate medical judgment, to perform the medication-abortion using off-label protocol for the preservation of the life or health of the mother
Texas abortion restrictions going to the Supreme Court.
US District Judge Lee Yeakel was appointed by President George W. Bush. He is not a wide eye Liberal.
An unrelenting Texas Attorney General Greg Abbott says that it is likely the case will go to the Supreme Court. He said his office will appeal the decision to the 5th Circuit Court of Appeals. This is the same court that has been friendly to states with strict abortion restrictions.
Greg Abbott taking the fight to the Supreme Court may appeal to his base. It will not appeal to most Texans. It will not appeal to those who see problems that need attention now. His action may be the action that gets Wendy Davis elected Texas governor.
Greg Abbott seem to be a political ideologue. Wendy Davis looks like a winner all around. The GOP continues to self destruct. How long must Texas endure this?
