The Good and the Bad in Texas

In a partial victory for Texas women, a federal Judge struck down parts of what will be the most restrictive abortion laws in the country.

Most of the restrictions were scheduled to begin Oct.29th. The part of the law that was struck down was the requirement that all clinic doctors obtain admitting privileges at a hospital within 30 miles of the clinic. This is a problem as many Doctors who provide abortion services are from out of state and admit so few patients that they cannot meet the requirements necessary to obtain admitting privileges. If the judge had not ruled that the law was unconstitutional then clinics without these privileges would have had to shut down as of today.

Judge Lee Yeakel of United States District Court stated that "the act’s admitting-privileges provision is without a rational basis and places a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus.”

The restrictions on Medical Abortions using the drugs mifeprex and misoprostol were upheld. The Food and Drug Administration approved the use of these drugs in much higher doses than have been found to be necessary in practice. Medical Abortions were approved through the FDA up to 7 weeks in 2000 but the lower and more accepted doses are deemed safe by Doctors up through 9 weeks. Usually patients go to a clinic where they are administered the first pills and given instructions and then sent home to take the second pill the following day. Patients must then go back for a follow up visit within a two week period. The Judge ruled that the requirement of the the earlier regiment does not pose an unconstitutional burden but that the later regimen could be accepted if deemed necessary to save the life of the mother. Additional, and largely unnecessary visits are required in Texas.

Lastly, the law passed in Texas included a requirement that all clinics meet the standards set for surgical ambulatory centers. That part of the law was not challenged in this particular case and is set to take effect in September 2014. Only six abortion providers in Texas currently operate as ambulatory surgical centers. Many clinics would be unable to afford the costly and unnecessary upgrades. These include things like widening the hallways and entrances and having temperature controls in every room.

While the ruling will most likely be appealed (in fact the attorney general has already called for an emergency appeal), the fact that one federal judge has declared the admitting privileges unconstitutional is a good sign. Federal judges have issued temporary injunctions against similar laws requiring admitting privileges in Alabama, Kansas, Mississippi and Alabama, the Texas law however,is the first case to get a final written decision from a district court. The appeal is likely to reach the U.S. Supreme court.