As it hears arguments in an appeal of a federal judge’s decision overturning new requirements for Texas abortion facilities, a three-judge panel of the U.S. 5th Circuit Court of Appeals ruled Thursday that the state could enforce the requirements in the meantime. That means eight abortion clinics across five major Texas cities will be able to stay open.
The state had asked the conservative-leaning court for permission to enforce House Bill 2 in its entirety — including requirements that doctors performing abortions have hospital admitting privileges within 30 miles of a clinic and that clinics meet the same standards as ambulatory surgical centers — while the constitutionality of the measure remained under appeal.
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Attorneys for Texas abortion providers had argued the abortion law would lead to the closure of all but a handful of the state’s remaining abortion facilities, putting a grave burden on women seeking the procedure across the state. They have said the court should preserve “women’s constitutional rights” and “avoid the significant health risks” that come with limited access to abortion while the appellate process runs its course.
“Today’s ruling has gutted Texas women’s constitutional rights and access to critical reproductive health care and stands to make safe, legal abortion essentially disappear overnight,” said Nancy Northup, president and CEO of the Center for Reproductive Rights, which is representing the abortion providers in the case. The abortion providers are “currently considering all available options” in light of the ruling, she added.
“Women should be able to make these deeply personal decisions without the intrusion of politicians like Greg Abbott, who supports making abortion illegal even in cases of rape and incest,” said Democratic gubernatorial candidate Wendy Davis, who last summer filibustered the abortion law for 11 hours.
Thursday’s decision is the first step in a legal battle that could continue for months. A hearing for the 5th Circuit to consider the constitutionality of the law has not been set.
And even if the plaintiffs ultimately prevail, a lot of those clinics that close will never come back, but somehow it was the state that was claiming irreparable harm by not being allowed to enforce this atrocity. The claim that this is somehow beneficial for women’s health is complete bullshit, not that any of its proponents or enablers care. Actual solutions, based on genuine medical science, don’t interest them. Be that as it may, we saw this coming during oral arguments so this hardly counts as a surprise, but it still pisses me off. If it pisses you off, too, then remember that elections really do matter. Make sure you do something about it between now and November 4. Hair Balls, the Current, Newsdesk, Trail Blazers, RH Reality Check, and Daily Kos have more.