Appeals Court Allows Texas Anti-Abortion Law To Go Into Effect

Lisa Mehos NY judge allows abortion used as evidence in custody hearing

Earlier this week, a federal judge ruled that parts of a new anti-abortion law in Texas were unconstitutional and could not go into effect on Tuesday.  That part of the HB2 law, which would have been enacted on Tuesday, would have required doctors providing abortions to have admitting privileges at hospitals within 30 miles of the clinic. The presiding judge granted an injunction, ruling it was “without a rational basis,” as patients are admitted to hospitals regardless of who their doctor is.

The Texas Attorney General (who also happens to be a Republican gubernatorial candidate) appealed almost immediately. Late yesterday, an appeals court blocked the injunction, thus ruling the provision can go into effect. According to The New York Times, the court cited a past abortion case when ruling that “the incidental effect of [a regulation on doctors] making it more difficult or more expensive to procure an abortion cannot be enough to invalidate it.”

As a result, 13 of the state’s abortion providers could stop providing abortions, drastically affecting the access women in rural Texas have to terminating their pregnancies safely and legally.  Some clinics will stay open to provide other reproductive health services, while others will shut down entirely.  [New York Times] [RH Reality Check]

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