Tuesday, June 9, 2015

5th U.S. Circuit Court of Appeals Upholds Parts of Texas Abortion Law

A three-judge panel of the 5th U.S. Circuit Court of Appeals has upheld some of the most onerous parts of a Texas abortion law, which is likely to cause most of the state's abortion clinics to close,

The ruling, released Tuesday, allowed provisions requiring clinics to meet hospital-level operating standards and requiring providers to have admitting privileges at local hospitals to go into effect. It did exempt the last open clinic in the state's Rio Grande Valley from the provisions, which were passed by the Republican-controlled state legislature and signed by former Gov. Rick Perry (R) two years ago. In court, attorneys opposing the law said it could close all but eight clinics in Texas.

"In plain terms, H.B. 2 and its provisions may be applied throughout Texas, except that Supreme Court precedent requires us to partially uphold the district court’s injunction of the [ambulatory surgical center] requirement as applied to the Whole Woman’s Health abortion facility in McAllen, Texas, and to uphold the district court’s injunction of the admitting privileges requirement as applied to Dr. Lynn when he is working at the McAllen facility," the ruling read.

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