From Texas Right to Life. (H/T Dad)
A panel of three judges in the US Court of Appeals for the Fifth Circuit released its ruling upholding HB2, Texas’ Pro-Life law, which took full effect in October of last year. The opinion affirms the constitutionality of the legislation passed last summer and rejects Planned Parenthood’s argument that HB2 places an “undue burden” upon abortionists, abortion facilities, and women seeking abortion.
The court upheld sections of the law that require abortionists hold admitting privileges at a nearby hospital, and that the dangerous RU-486 abortion drug be administered according to FDA procedure. The judges wrote,
“The district court held that parts of both provisions were unconstitutional and granted, in substantial part, the requested injunctive relief. A motions panel of this court granted a stay pending appeal, and the Supreme Court upheld the stay. We conclude that both of the challenged provisions are constitutional and, therefore, reverse and render judgment, with one exception, for the State.”
There is a minor caveat to the ruling, abortionists who have applied for admitting privileges prior to the law going into effect, but have not yet received a reply from local hospitals may continue to commit abortions until their applications for privileges are officially denied.
The court asserted that higher standards for an abortionist are, in fact, justified,
“During these proceedings, Planned Parenthood conceded that at least 210 women in Texas annually must be hospitalized after seeking an abortion. Witnesses on both sides further testified that some of the women who are hospitalized after an abortion have complications that require an Ob/Gyn specialist’s treatment.”
This is the third time recently that this Court of Appeals has upheld Pro-Life policies attacked by abortion advocates. The same court upheld Texas’ 2011 Sonogram Law and a policy that kept the abortion business Planned Parenthood out of the taxpayer-funded Women’s Health Program.
The 5th Circuit Court of Appeals has my absolute favorite judge, Edith Hollan Jones. If I were President, that’s who I would choose, and then Janice Rogers Brown if I had two picks. Well, it might not ever happen, but a guy can dream… about Supreme Court picks.
At the beginning of the month, there was a story on Life News about how these laws are closing abortion clinics.
The Dallas Morning News is reporting that the last two abortion clinics outside of big Texas cities will close Thursday because they can’t meet the restrictions placed on facilities under the state’s new abortion law.
Whole Woman’s Health in Beaumont and McAllen will close after providing abortions in the areas for a decade. Amy Hagstrom Miller, president of Whole Woman’s Health, which operated five abortion clinics before the law went into effect, said the provision requiring physicians to have admitting privileges at a hospital within 30 miles of the clinic was proving the most problematic.
Miller said hospitals near her McAllen clinic refused to grant her physicians’ applications for privileges. Some hospitals in the area require their privileged physicians to live nearby. Others require a current physician to co-sign applications for privileges, which many are unwilling to do for fear of being targeted or stigmatized.
In Beaumont, one 75-year-old physician secured privileges, but a second one could not, Miller said.
In addition to that Texas news, there is also a story this morning from National Right to Life about the 10th Circuit Court of Appeals has allowed Kansas to suspending taxpayer-funding of Planned Parenthood pending resolution of a court challenge. (H/T J.W. Wartick tweet) So there is more good news!