Late yesterday the U.S. 5th?Circuit Court of Appeals?overturned a lower federal court ruling invalidating the admitting privileges portion of the Texas anti-abortion TRAP law House Bill 2. House Bill 2 is the abortion bill that Senator Wendy Davis filibustered and thousands of Texans protested against, but ultimately was passed into law during a second special session, and signed by Governor Rick Perry.
Judge Yeakel declared the admitting privileges part of the law to be unconstitutional saying:
It was without a rational basis and places a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus.
The 5th Circuit decided otherwise which comes as no surprise since the court is known as the most conservative court in the country, and according to RH Reality Check, is:
..comprised in part of one judge who has?garnered praise?from Rush Limbaugh, and openly anti-choice chief justice Edith Jones, who has?been accused?of ?making denigrating statements against minorities and people with mental disabilities,? and who has?been put under review?by Supreme Court Chief Justice John Roberts.
In their ruling the appeals court said that the admitting privileges law might indeed:
..increase the cost of accessing an abortion provider and decrease the number of physicians available to perform abortions.
But cited a Supreme Court statement in an earlier abortion case that if a regulation serves a valid purpose, the fact that it has,?the incidental effect of making it more difficult or more expensive to procure an abortion cannot be enough to invalidate it.”
I am so glad they explained how making abortion less accessible keeps women safe. Maybe from their own decisions but not medically.?Research from the Texas Policy Evaluation Project shows that the admitting privileges provision of the law would?block 22,286 Texans?from accessing legal abortion. ?This information was presented in court, along with testimony on why doctors cannot meet the admitting privileges requirement. Admitting privileges are not needed to make women accessing abortion safe. This is clear when you look at the low complication rate associated with abortion or the statement made by ACOG (American Congress of Obstetricians and Gynecologists). This is just a way to restrict access to abortion care the court made it clear that’s ok.
Texas Attorney General Greg Abbott, who is also a Republican candidate for governor released a statement saying:
?This unanimous decision is a vindication of the careful deliberation by the Texas Legislature to craft a law to protect the health and safety of Texas women.
Governor Rick Perry who hasn’t been shy about his goal to end abortion in Texas said:
Today’s decision affirms our right to protect both the unborn and the health of the women of Texas.
The true effect of the law will be to shut down clinics, starting today,?and leave women to fend for themselves and seek alternatives on their own; something that is already happening in Texas and around the country. That doesn’t protect women it kills them. ?Amanda Harrington, a spokeswoman for the Planned Parenthood Federation of America, spoke of the immediate impact on Thursday.
We believe there are currently 36 health centers in Texas that provide abortions, and one-third will be forced to stop those services tomorrow.
?When the ambulatory surgical center portion of the bill kicks in next year Texas is likely to be left with only 5 abortion clinics. This fight is not over. Even the Texas Attorney General office said this case is likely to go to the Supreme Court. Lauren Bean, a spokeswoman for the Texas Attorney General’s office stated:
As everyone … has acknowledged, this is a matter that will ultimately be resolved by the appellate courts or the U.S. Supreme Court.
Edited by SS
