Quantcast

Federal judge: Texas abortion limits unconstitutional

By Chris Tomlinson

Associated Press

Published: Monday, Oct. 28 2013 2:49 p.m. MDT

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.

Beth Shapiro, chairwoman of board of directors of Lubbock's Planned Parenthood Women's Health Center, said no hospital in Lubbock has granted privileges to the lone doctor from East Texas who flies in to do abortions when there are procedures scheduled. There is not incentive for hospitals to do so, she said.

"I don't see why local hospitals would give privileges to someone who's not going to admit patients," Shapiro said. "I don't see what the business and financial incentive would be. ...it's "more work and not going to increase patient load."

Hospitals are required to do yearly reviews on physicians to keep accreditation up to date, she said.

Shapiro said she wasn't aware of a woman getting an abortion in Lubbock who had complications and needed hospital care.

AP correspondent Betsy Blaney contributed to this story from Lubbock.

Follow Chris Tomlinson on Twitter at http://twitter.com/cltomlinson

Get The Deseret News Everywhere

Subscribe

Mobile

RSS