Judge Strikes Down New Texas Restrictions on Abortion

Suit Possible Against Two Remaining Provisions of Law

by John Michaelson/TNS

AUSTIN, Texas – New restrictions on abortion that were to begin in Texas today are now on hold, after a judge’s ruling on a challenge to the law.

Rebecca Robertson, legal and policy director of the ACLU of Texas, said the judge determined that the requirement that abortion providers have admitting privileges at a local hospital should not become law, because it would unreasonably limit a woman’s access.

“The judge ruled that that was an unconstitutional burden on women’s ability to obtain the abortion care that they need and he enjoined that provision from going into effect,” Robertson explained.

The judge also ruled in the case of medication abortion that the doctor and patient do not necessarily need to follow the protocol spelled out by the law, a protocol that Robertson said is outdated.

Two other provisions from House Bill 2 were not challenged initially because they don’t take effect until next year, but Robertson said a legal challenge to those requirements is also possible.

One provision would virtually ban abortions after 20 weeks. The other would mandate that they be performed at a surgical center.

“As you know, that doesn’t go into effect until next year and the regulatory authority that oversees abortion facility licensure is still writing the rules,” Robertson explained. “Until we see those rules, we really won’t know what course to take.”

In the wake of the ruling, the Texas attorney general is expected to file an appeal, supporting the abortion restrictions, to the 5th Circuit Court of Appeals.