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Abortion procedure ban struck down

Good news, for now.

A federal district judge handed a victory to abortion rights groups Wednesday when he struck down part of a Texas law curbing access to the most common second-trimester abortion procedure, called dilation and evacuation.

In a decision that will be appealed before the U.S. 5th Circuit Court of Appeals, Judge Lee Yeakel said the provision imposes an “undue burden” on women seeking second-trimester abortions in the state.

It had been slated to go into effect Sept. 1 as part of Senate Bill 8, a law signed by Gov. Greg Abbott earlier this year. But the Center for Reproductive Rights and Planned Parenthood filed suit in July on behalf of several women’s health providers in the state. Yeakel issued a temporary restraining order on enforcing the measure in August, a day before the ban’s effective date.

The temporary restraining order was set to expire Wednesday evening.

[…]

“The court concludes that requiring a woman to undergo an unwanted, risky, invasive, and experimental procedure in exchange for exercising her right to choose an abortion, substantially burdens that right,” Yeakel wrote in the opinion.

He added: “The State’s valid interest in promoting respect for the life of the unborn, although legitimate, is not sufficient to justify such a substantial obstacle to the constitutionally protected right of a woman to terminate a pregnancy before fetal viability.”

Almost immediately after the ruling was issued, Attorney General Ken Paxton issued a statement saying he’d appealed.

See here for the last update, and here for a copy of the ruling. The Fifth Circuit is a crapshoot with loaded dice, but at least for now doctors and women can do health care without the state butting in. The Austin Chronicle and the Center for Reproductive Rights have more.

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