Texas Late-Term Abortion Law Blocked by Federal Court Justice, Attorney General Greg Abbott Appeals

By Lauren Leigh Noske
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Opponents and supporters of an abortion bill gather in a courtyard outside a hearing for the bill at the state capitol, Tuesday, July 2, 2013, in Austin, Texas. Gov. Rick Perry has called lawmakers back for another special session with abortion on the top of the agenda.  (AP Photo/Eric Gay)

Planned Parenthood succeeded in winning a federal lawsuit regarding the late-term abortion ban that was recently passed in Texas. Federal Judge Lee Yeakel ruled in favor of Planned Parenthood Monday, citing that the portion of the law which requires abortion doctors to have admitting privileges in nearby hospitals would restrict women's access to abortion facilities without "a rational basis."

The late-term abortion legislation, which became Texas law in July, has had a tumultuous history. The first special session of congress addressing the bill ended just before Lt. Gov. David Dewhurst could sign it because of a 12-hour filibuster by Democratic Senator Wendy Davis and an unruly mob of pro-abortion protestors in the Senate gallery. The bill became law after a second special session of congress passed it in a timely fashion, but opponents threatened that there would soon be a federal lawsuit to challenge the legislation.

Post-20-week abortions are now illegal in Texas, and abortion clinics are required to raise healthcare standards to those of ambulatory surgical centers by September 2014. In addition, abortionists are required to have admitting privileges in nearby hospitals in case of emergency.

Abortion provider Planned Parenthood filed the federal lawsuit because they were unable to receive admitting privileges in local hospitals and would be forced to close down some of their clinics. According to FoxNews http://www.foxnews.com/politics/2013/10/28/fed-judge-texas-abortion-limits-unconstitutional/?intcmp=latestnews, Attorney General Greg Abbott filed an appeal to the 5th Circuit Court of Appeals, which will review the merits of the law.

Governor Rick Perry released a statement in response to Judge Yeakel's ruling - "Today's decision will not stop our ongoing efforts to protect life and ensure the women of our state aren't exposed to any more of the abortion-mill horror stories that have made headlines recently. We will continue fighting to implement the laws passed by the duly-elected officials of our state, laws that reflect the will and values of Texans," he said.