- Obama not worried about Ebola at upcoming African summit in D.C.
- Obama: ‘We tortured some folks’ after 9/11
- Obama administration asked whole D.C. Circuit to take on major Obamacare case
- Mark Levin: Topple GOP leadership or country will ‘unravel’
- Massachusetts to let police chief deny gun buys to those deemed unfit
- John Kerry condemns attack on Israeli soldiers, kidnapping
- U.S. starts to evacuate American Ebola patients from West Africa: Report
- Geraldo slammed as ‘dummy’ for backing Clinton’s bin Laden claim
- Israeli spokesman: No need to debate who broke the cease-fire
- 35 Palestinians killed; Israeli officer missing
Fed judge: Texas abortion limits unconstitutional
Question of the Day
AUSTIN, Texas — New abortion restrictions passed by the Texas Legislature are unconstitutional and will not take effect as scheduled on Tuesday, a federal judge has ruled.
District Judge Lee Yeakel wrote Monday that the regulations violated the rights of abortion doctors to do what they think is best for their patients and would unreasonably restrict a woman’s access to abortion clinics.
Lawyers for Planned Parenthood and other abortion providers brought the lawsuit, arguing that a requirement that doctors have admitting privileges at a hospital within 30 miles of the abortion clinic would force the closure of a third of the clinics in Texas. They also complained that requiring doctors to follow the Food and Drug Administration’s original label for an abortion-inducing drug would deny women the benefit of recent advances in medical science.
The Texas attorney general’s office argued that the law protects women and the life of the fetus. Attorney General Greg Abbott was expected to file an emergency appeal of Yeakel’s order to the 5th Circuit Court of Appeals in New Orleans.
Mississippi passed a similar law last year, which a federal judge also blocked pending a trial scheduled to begin in March. Mississippi’s attorney general asked the 5th Circuit to lift the temporary injunction so the law could be enforced, but the judges have left it in place signaling they believe there is a legitimate constitutional question.
Unlike the Mississippi case, Yeakel’s order is a final decision, setting the groundwork for the 5th Circuit to review the merits of the law, not just an injunction against it.
The proposed restrictions were among the toughest in the nation and gained notoriety when Democratic state Sen. Wendy Davis launched a nearly 13-hour filibuster against them in June. The law also bans abortions at 20 weeks of pregnancy and beginning in October 2014 requires doctors to perform all abortions in surgical facilities.
The filibuster forced Gov. Rick Perry to call a second special legislative session for the Republican-controlled Legislature to pass the law. Davis is now running for governor on a women’s rights platform. Since Perry is retiring, Abbott is Davis’ likely Republican opponent, adding a political layer to the legal drama.
During the trial, officials for one chain of abortion clinics testified that they’ve tried to obtain admitting privileges for their doctors at 32 hospitals, but so far only 15 accepted applications and none have announced a decision. Many hospitals with religious affiliations will not allow abortion doctors to work there, while others fear protests if they provide privileges. Many have requirements that doctors live within a certain radius of the facility, or perform a minimum number of surgeries a year that must be performed in a hospital.
By Isaac Orr
New carbon-dioxide rules would put America in the dark
- House GOP resurrects border bill, predicts successful Friday vote
- U.N. condemns Israel, U.S. for not sharing Iron Dome with Hamas
- Border agents cleared of civil rights complaints from illegal immigrant children
- Obama military strategy too weak for future security, panel reports
- Porn-surfing feds blame boredom, lack of work for misbehavior
- Ben Carson takes major step toward presidential campaign
- Feds raid S.C. home to seize Land Rover in EPA emission-control crackdown
- CRUZ: A tale of two hospitals: One in Israel, one in Gaza
- Ted Nugent slams 'lying freaks' at liberal media: I'm 'doing God's work'
- Pentagon wants extra $19M to equip, train Ukrainian troops
Top 10 U.S. military helicopters
Obama's biggest White House 'fails'
Celebrities turned politicians
Athletes turned actors