Reproductive Rights Prof Blog

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CUNY School of Law

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Monday, October 28, 2013

Federal Court Issues Mixed Ruling on Texas Abortion Law

The New York Times: Judge Blocks Part of Texas Abortion Law, by Erik Eckholm:

A federal judge in Texas on Monday blocked an important part of the state’s restrictive new abortion law, which would have required doctors performing the procedure to have admitting privileges at a nearby hospital. . . .

But the court upheld a second measure, requiring doctors to use a particular drug protocol in nonsurgical, medication-induced abortions that doctors called outdated and too restrictive. . . .

The Texas Tribune: Court Rules Abortion Restriction Unconstitutional, by Becca Aaronson: 

Less than 24 hours before new abortion regulations were set to take effect in Texas, U.S. District Judge Lee Yeakel blocked the implementation of two provisions challenged by abortion providers, ruling that they could place an undue burden on women and are therefore unconstitutional. 

In his opinion, Yeakel wrote that a provision of House Bill 2 that requires doctors performing abortions to have admitting privileges at a hospital within 30 miles of the abortion facility "places a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus and is thus an undue burden to her.” . . .

Judge Lee Yeakel's decision can be found in full here.

http://lawprofessors.typepad.com/reproductive_rights/2013/10/texas-abortion-provisions-ruled-unconstitutional-by-federal-court-.html

In the Courts, Targeted Regulation of Abortion Providers (TRAP) | Permalink

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