Author Topic: Judge rules controversial Texas abortion law unconstitutional  (Read 848 times)

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Judge rules controversial Texas abortion law unconstitutional
« on: October 28, 2013, 03:35:24 PM »
http://www.cbsnews.com/8301-201_162-57609604/judge-expected-to-rule-on-controversial-texas-abortion-law/

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.

The law passed the GOP-controlled Legislature despite a marathon speech in June by Democratic Rep. Wendy Davis, who is now running for governor and amid massive protests on both sides of the issue at the state Capitol.

Beginning Oct. 29, the law would've required abortion doctors to have admitting privileges within 30 miles of the clinic, that they follow strict instructions for pill-induced medical abortions, and only perform abortions after 20 weeks of pregnancy if health of the mother is in danger or the fetus is not viable.

The law would have also required all abortions take place in an ambulatory surgical center — a mandate that only five out of the 42 existing abortion clinics in the nation's second most populous state currently meet the requirements for.

That portion hasn't been challenged legally since it won't begin until 2014.

Also not included in the suit is the 20-week ban since the vast majority of abortions are performed prior to that threshold.

In last week's hearing, Texas Solicitor General Jonathan Mitchell defended the law, saying it not only protects mothers but also "fetal life."

That's an important distinction because, while the law's authors have long said they'd like to ban abortion completely statewide, they also insisted the issue was the safety of Texas women — not only ideological or religious objections to abortion.

Mitchell said statute "allows the state to impose such restrictions as long as it does not impose an undue burden on the patient" and that those suing have no evidence it will adversely affect women getting abortions.

Attorneys for Planned Parenthood called witnesses they said can show how the admitting privileges and new rules on medical abortion are harmful to women and could force many clinics around the state to close.

An emergency room physician from Houston, Dr. Jennifer Carnell, said requiring hospital admitting privileges would not improve the care women undergoing abortions receive — even for those who have medical complications that require urgent hospitalization.

Dr. Paul Fine, medical director of Planned Parenthood Gulf Coast, said many doctors don't like to tell many people they perform abortions for fear they could be targeted for violence by activists — but Fine said the risk was worth it because he saw what women went through before the Roe v. Wade U.S. Supreme Court decision.

"I remember women coming in with a coat hanger," he said. "Deaths were common and tragic, and I'll never forget the look in those women's eyes."

When the state asked how many abortions he performed last year alone, Fine answered "probably several hundred."
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Online jmyrlefuller

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Re: Judge rules controversial Texas abortion law unconstitutional
« Reply #1 on: October 28, 2013, 03:35:44 PM »
As if anyone is surprised...
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Offline Olivia

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Re: Judge rules controversial Texas abortion law unconstitutional
« Reply #2 on: October 28, 2013, 03:39:24 PM »
How can one judge strike down the Texas Legislature law?
I'm always surprised that this can happen and confused as to how the one judge can have that much power.
What good is a legislative body if a judge can make the law of the land?
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Re: Judge rules controversial Texas abortion law unconstitutional
« Reply #3 on: October 28, 2013, 04:25:16 PM »
How can one judge strike down the Texas Legislature law?
I'm always surprised that this can happen and confused as to how the one judge can have that much power.
What good is a legislative body if a judge can make the law of the land?

I have never understood that.

First off - I see no mention of either abortion or the Hippocratic oath in the Constitution. Unconstitutional, in this case, means not in the thing in the first place.

The rights of the doctors being infringed? Hey - how about the rights of the patients? Not going into the whole abortion can of worms, but how the hell can an abortion clinic NOT have admitting privileges to the local hospital? Dentists and opticians have those! Any medical procedure can go badly wrong rapidly. It is only common sense to have the back up if needed.
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Re: Judge rules controversial Texas abortion law unconstitutional
« Reply #4 on: October 28, 2013, 06:02:35 PM »
There's more to this:

Quote
The judge in the case, (Lee) Yeakel, was appointed to the court by then-President Bush in 2003. This isn't the first time Yeakel has weighed in on an abortion-related issue. In April 2012, he ruled that a law that would ban Planned Parenthood from receiving state funds was unconstitutional. But that case could be instructive: Just a few months later, in August, a 5th Circuit Appeals Court reversed Yeakel's ruling, freeing Texas to impose the funding ban.


http://www.nationaljournal.com/health-care/texas-abortion-ruling-isn-t-a-big-victory-for-wendy-davis-20131028
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Offline musiclady

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Re: Judge rules controversial Texas abortion law unconstitutional
« Reply #6 on: October 28, 2013, 06:09:38 PM »
If abortion clinics would only be subject to the same medical standards as hospitals are, thousands of babies' lives, and the health of many mothers, would be saved.

It's unconscionable that one judge can strike down what the people of Texas want regarding the health of their citizens.

And it is despicable that the left has always disguised this abomination against women and children as some sort of "right."
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Re: Judge rules controversial Texas abortion law unconstitutional
« Reply #7 on: October 28, 2013, 06:21:51 PM »
My Lady - I could be cynical here and point out that it is yet another example of the Democrats eating their own, as far as abortion is concerned.

I won't. There is a far more serious aspect, as you rightly point out.

The people of Texas - through their representatives - set fair and decent terms. They did not ban abortion. They did not make one more difficult to obtain. To borrow Bill Clinton's statement, they attempted to make it legal, safe and rare.

While abortion exists - which I know hurts your very soul - it should be as safe as possible. Who is this [CENSORED] judge to make it less safe by fiat? Any medical procedure has risks. A rule to minimize the risk is both the sensible and the right thing to do.
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Offline musiclady

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Re: Judge rules controversial Texas abortion law unconstitutional
« Reply #8 on: October 28, 2013, 06:35:39 PM »
My Lady - I could be cynical here and point out that it is yet another example of the Democrats eating their own, as far as abortion is concerned.

I won't. There is a far more serious aspect, as you rightly point out.

The people of Texas - through their representatives - set fair and decent terms. They did not ban abortion. They did not make one more difficult to obtain. To borrow Bill Clinton's statement, they attempted to make it legal, safe and rare.

While abortion exists - which I know hurts your very soul - it should be as safe as possible. Who is this [CENSORED] judge to make it less safe by fiat? Any medical procedure has risks. A rule to minimize the risk is both the sensible and the right thing to do.

"Sensible" and "right" are not terms that describe the left in any aspect of their ideology.

They have been so committed to killing as many babies as possible that they have willfully removed the right to control the medical environment in which they do abortions in order to make it safe and sanitary.

I am convinced that they have removed/prevented health standards for abortion clinics because they don't want anyone to find out how dark and diabolical their deeds really are.
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Offline Atomic Cow

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Re: Judge rules controversial Texas abortion law unconstitutional
« Reply #9 on: October 28, 2013, 06:37:44 PM »
As if anyone is surprised...

We all knew it was coming.  The judge has proven to be a liberal activist and the lefties judge shopped to make sure they got the right one.  This is what we get when Republicans don't vet the district court judges like Democrats do.  Democrats make sure they appoint a liberal ideologue.
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Re: Judge rules controversial Texas abortion law unconstitutional
« Reply #10 on: October 28, 2013, 07:11:11 PM »
We all knew it was coming.  The judge has proven to be a liberal activist and the lefties judge shopped to make sure they got the right one.  This is what we get when Republicans don't vet the district court judges like Democrats do.  Democrats make sure they appoint a liberal ideologue.

Spot on! I personally know this judge and let me tell you he is some piece of work!

This is going to be reversed very quickly!
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Re: Judge rules controversial Texas abortion law unconstitutional
« Reply #11 on: October 31, 2013, 08:14:59 PM »
BREAKING NEWS: Appeals court reinstates most of Texas' new abortion restrictions

By The Associated Press

    Published: October 31, 2013 6:36 PM

    Updated: October 31, 2013 7:02 PM

AUSTIN — A federal appeals court has reinstated most of Texas’ new abortion restrictions.

A panel of judges at the 5th U.S. Circuit Court of Appeals issued a ruling Thursday evening, three days after District Judge Lee Yeakel said one provision serves no medical purpose.

The panel says that the law requiring doctors to have admitting privileges at a nearby hospital can take effect while a lawsuit moves forward.

The Texas attorney general’s office argued that the law is a constitutional use of the Legislature’s authority.

Lawyers for Planned Parenthood and other abortion providers had argued that the regulations did not protect women and would shut down a third of the abortion clinics in Texas.

http://www.dallasnews.com/news/local-news/20131031-court-order-to-let-texas-enforce-new-abortion-restrictions.ece
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Re: Judge rules controversial Texas abortion law unconstitutional
« Reply #12 on: October 31, 2013, 09:25:03 PM »
 :patriot:
The skeptic is never for real. There he stands, cocktail in hand, left arm draped languorously on one end of the mantelpiece, telling you that he can't be sure of anything, not even of his own existence. I'll give you my secret method of demolishing universal skepticism in four words. Whisper to him: "Your fly is open." If he thinks knowledge is so all-fired impossible, why does he always look? — James Sire (from, The Universe Next Door)

Offline musiclady

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Re: Judge rules controversial Texas abortion law unconstitutional
« Reply #13 on: October 31, 2013, 09:56:31 PM »
BREAKING NEWS: Appeals court reinstates most of Texas' new abortion restrictions

By The Associated Press

    Published: October 31, 2013 6:36 PM

    Updated: October 31, 2013 7:02 PM

AUSTIN — A federal appeals court has reinstated most of Texas’ new abortion restrictions.

A panel of judges at the 5th U.S. Circuit Court of Appeals issued a ruling Thursday evening, three days after District Judge Lee Yeakel said one provision serves no medical purpose.

The panel says that the law requiring doctors to have admitting privileges at a nearby hospital can take effect while a lawsuit moves forward.

The Texas attorney general’s office argued that the law is a constitutional use of the Legislature’s authority.

Lawyers for Planned Parenthood and other abortion providers had argued that the regulations did not protect women and would shut down a third of the abortion clinics in Texas.

http://www.dallasnews.com/news/local-news/20131031-court-order-to-let-texas-enforce-new-abortion-restrictions.ece


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