Court Protects Abortion Access for Most Women in Texas, But Partially Upholds Some Restrictions
Decision Upholds Restrictions on Medication Abortion
October 28, 2013
FOR IMMEDIATE RELEASE
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Austin, Texas 鈥� After a three day trial, a federal court today permanently struck down one provision of a recently enacted law that would have made abortion services for one-third of women in Texas virtually impossible to access.
While U.S. District Court Judge Lee Yeakel blocked implementation of a requirement that all abortion providers obtain admitting privileges at a local hospital, today鈥檚 ruling has allowed another harmful measure to take effect on October 29 that severely restricts the use of medication abortion, a safe and effective method to end an early pregnancy.
More than a dozen women鈥檚 health care providers, who jointly filed suit last month on behalf of their patients, are currently considering options to protect women鈥檚 health in face if this ruling. The providers who filed the lawsuit are represented by Planned Parenthood Federation of America, the Center for Reproductive Rights, the 老澳门开奖结果, the 老澳门开奖结果 of Texas, and the firm George Brothers Kincaid & Horton.
"The court was right to strike the admitting privileges provision. It is unconstitutional and it would have shut down women鈥檚 health centers throughout the state," said Louise Melling, deputy legal director of the 老澳门开奖结果. "We are disappointed by the ruling on the medication abortion restriction, which ignores accepted medical practice and will force providers to use less safe methods. But we will continue to fight and explore every option to protect women鈥檚 health."
In blocking the law鈥檚 admitting privileges requirement, today鈥檚 court order protects access to abortion services for women living in vast stretches of Texas, including areas surrounding Ft. Worth, Harlingen, Killeen, Lubbock, McAllen, and Waco, where one-third of the state鈥檚 licensed health centers would have had to immediately halt providing abortions if that part of the law were allowed to take effect.
As Judge Yeakel explained in his ruling, "admitting privileges have no rational relationship to improved patient care." They also place "an undue burden on a woman seeking an abortion."
By upholding the law's restrictions on medication abortion, physicians in Texas will now be forced to go against years of research and their professional experience by requiring most of their patients to follow an outdated and less effective protocol for medication abortion.
"Today鈥檚 decision has averted a catastrophic health crisis for women across the state of Texas," said Nancy Northup, president and CEO of the Center for Reproductive Rights. "Politicians, not doctors, pushed for both of these unconstitutional restrictions鈥攄espite the best medical standards for women鈥檚 health care. We are committed to standing with Texas health care providers and our partners in taking every necessary step ensure all women in Texas have the same rights and access to essential health care as women living in other states."
The provisions that were ruled on today were part of a package of legislation signed by Governor Rick Perry on July 18 following a series of special legislative sessions, but opposed by 80 percent of Texas voters, according to a poll by Greenberg Quinlan Rosner Research. Medical experts in Texas and across the country, including the American Congress of Obstetricians and Gynecologists, Texas Medical Association, and Texas Hospital Association, also publicly opposed provisions in the law because they provide no medical benefit to women and will actually jeopardize women鈥檚 health and safety.
"Today鈥檚 ruling marks an important victory for Texas women and sends a clear message to lawmakers: it is unconstitutional for politicians to pass laws that take personal, private decisions away from women and their doctors. While this ruling protects access to safe and legal abortion for women in many parts of the state, it puts ideology over science by banning a safe method of abortion for many women," said Cecile Richards, president of Planned Parenthood Federation of America. "This kind of restriction on early abortion takes a personal, private decision away from women and their doctors. Planned Parenthood nurses and doctors are taking every step we can to ensure that women in Texas have access to the highest quality health care no matter where they live."
Courts have blocked similar provisions in other states across the country. Admitting privileges requirements aimed at shutting down all or most of the abortion providers in Alabama, Mississippi, North Dakota, and Wisconsin have been halted before they took effect. State courts in North Dakota and Oklahoma have permanently struck down unconstitutional restrictions on medication abortion.
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