• 27°

Fed judge: Texas abortion limits unconstitutional

AUSTIN, Texas (AP) — 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.

Comments

Comments closed.

Local

Political Notebook: Interim health director to talk COVID-19 at county Democrats breakfast

Local

‘Their names liveth forevermore:’ Officials dedicate Fire Station No. 6 to fallen firefighters Monroe, Isler

Crime

Blotter: Salisbury man charged for breaking into Salisbury high, getting juvenile to help

Nation/World

With virus aid in sight, Democrats debate filibuster changes

Local

City officials differ on how, what information should be released regarding viral K-9 officer video

High School

High school basketball: Carson girls are 3A champions

Lifestyle

High school, college sweethearts marry nearly 50 years later

Local

With jury trials set to resume, impact of COVID-19 on process looms

Legion baseball

Book explores life of Pfeiffer baseball coach Joe Ferebee

Education

Rowan-Salisbury Board of Education to receive update on competency-based education

Business

Biz Roundup: Kannapolis expects to see economic, housing growth continue in 2021

Business

A fixture of downtown Salisbury’s shopping scene, Caniche celebrates 15th anniversary this month

Local

Slate of new officers during local GOP convention; Rev. Jenkins becomes new chair

Landis

Landis officials narrow search for new manager to five candidates; expect decision within a month

Lifestyle

Together at last: High school, college sweethearts marry nearly 50 years later

Education

Rowan-Salisbury Schools sorts out transportation logistics in preparation for full-time return to classes

High School

Photo gallery: Carson goes undefeated, wins 3A state championship

Nation/World

Europe staggers as infectious variants power virus surge

Nation/World

Biden, Democrats prevail as Senate OKs $1.9 trillion virus relief bill

Nation/World

Senate Democrats strike deal on jobless aid, move relief bill closer to approval

News

Duke Life Flight pilot may have shut down wrong engine in fatal crash

News

Two NC counties get to participate in satellite internet pilot for students

Local

PETA protesters gather in front of police department

Coronavirus

UPDATED: Eight new COVID-19 deaths, 203 positives reported in county this week