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alp227

(32,015 posts)
Thu Oct 31, 2013, 08:52 PM Oct 2013

(TX) Appeals court allows abortion restrictions to begin

Last edited Thu Oct 31, 2013, 10:13 PM - Edit history (2)

Source: Houston Chronicle

AUSTIN _ A federal appeals court ruling Thursday gives Texas the green light to start enforcing a new abortion restriction that a lower court judge said posed an undue burden on women.

The decision by the U.S. 5th Circuit Court of Appeals was a huge victory for Attorney General Greg Abbott and Texas abortion opponents, temporarily lifting an injunction that prevented the provisions from going into effect. The provision requires abortion doctors to gain admitting privileges at nearby hospitals.

On Monday, U.S. District Judge Lee Yeakel ruled the admitting privileges provision unconstitutional, saying it posed an undue burden on women has no "rational relationship to improved patient care."

But a federal three-judge panel in New Orleans on Thursday found Yeakel's finding of a lack of rational relationship "is one step removed from repudiating the longstanding recognition by the Supreme Court that a State may constitutionally require that only a physician may perform an abortion." The court, in a 20-page opinion, also said the provision does not "impose a substantial obstacle to abortions."

Read more: http://www.chron.com/news/houston-texas/houston/article/Appeals-court-grants-stay-on-abortion-ruling-4944605.php



See also:
AP, Court reinstates most of Texas' new abortion rules
Austin American-Statesman, Appeals court lifts ban on Texas abortion law

And Think Progress reports all 3 judges are George W. Bush nominees.
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lostincalifornia

(3,639 posts)
4. it should, and it will rule at least 5 to 4 that it is an undo hardship. I think there is a chance
Thu Oct 31, 2013, 10:32 PM
Oct 2013

it can be 6 to 3, but this will be it.

If I am wrong, then women's healthcare in Texas will will be set back more than 100 years

 

RiverNoord

(1,150 posts)
3. LOL - If you can say this with a straight face
Thu Oct 31, 2013, 09:36 PM
Oct 2013

that the law is 'to protect the health and safety of Texas women,' then there is nothing that you won't lie about.

 

blkmusclmachine

(16,149 posts)
5. The Republican War On Women's Freedom marches forever onward...
Thu Oct 31, 2013, 11:02 PM
Oct 2013

GOP to America: "F/ck you, women. F/ck you, nonwhites. F/ck you, non-1%'ers. F/ck you, non-fetuses. F/ck you, "environment." F/ck you, GLBT people. F/ck the non-crazy. F/ck the Constitution and f/ck the Bill of Rights. Hell, f/ck the 20th Century. F/ck, f/ck, f/ck!"

nomorenomore08

(13,324 posts)
9. Exactly. Their rage and hate is astounding. Not only are they determined to turn back the clock
Fri Nov 1, 2013, 04:43 AM
Nov 2013

on all of us, but they despise any figure or symbol of progress to the point of frothing hysteria - see the right-wing reaction to Wendy Davis.

Rstrstx

(1,399 posts)
7. You mean the same 5th Circuit that ruled that same-sex sexual harassment wasn't sexual harassment?
Fri Nov 1, 2013, 01:43 AM
Nov 2013

I'm shocked, shocked I tell you

Just out of curiosity, is it possible to get an en banc review of an emergency hearing (probably not) or petition the Supreme Court to block the 5th circuit's emergency ruling?

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