Friday, August 29, 2014

Federal judge strikes down restrictive Texas abortion law

Federal judge strikes down restrictive Texas abortion law

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Federal judge strikes down restrictive Texas abortion law

Erik Eckholm and Manny Fernandez | The New York Times
A federal judge in Austin, Texas, on Friday blocked a stringent new rule that would have forced more than half the state’s remaining abortion clinics to close.
The rule, requiring all abortion clinics to meet the building standards of hospital-style surgery centers, was set to take effect on Monday. But in his opinion, Judge Lee Yeakel of U.S. District Court in Austin said that the mandate placed an unconstitutional burden on a woman’s right to an abortion.
“We are extremely pleased by Judge Yeakel’s ruling today,” said Amy Hagstrom Miller, chief executive of Whole Woman’s Health, which operates abortion clinics in the state and was a plaintiff in the suit.
“As he clearly states in his decision, requiring every abortion clinic to turn into a surgical center is excessive and not based on good medicine,” Hagstrom Miller said.
Texas officials are expected to appeal the decision.
“The state disagrees with the court’s ruling and will seek immediate relief from the 5th Circuit, which has already upheld HB 2 once,” said Lauren Bean, a spokeswoman for the Texas attorney general.
The decision follows a string of recent legal victories across the South for abortion-rights advocates, as federal courts have blocked measures that would have forced the closing of the only abortion clinic in Mississippi and three of five in Alabama.
Last year, Yeakel blocked another provision of the 2013 law - a requirement that doctors performing abortions obtain admitting privileges at a hospital within 30 miles of a clinic - but the U.S. Court of Appeals for the 5th Circuit in New Orleans reversed his decision, ruling that since women in Texas still were within driving distance of clinics, the rule did not impose an “undue burden.”
With the additional closings that would have been imposed by the surgery center rule, many more women would be hours away from a clinic.
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Federal judge strikes down restrictive Texas abortion law

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