This is excellent news . I really believed when I blogged about this a few months ago that a Federal court would overturn this law.
I’m glad to see that the key provision in this law, which required abortion providers to have admitting privileges at a hospital and that the hospital could not be further than thirty miles away, has been declared unconstitutional.
Come on! Texas is the largest state in the lower 48, and the second most populus in the country. How many women would have been affected by such an onerous law? I’m not sure but conservative estimates indicated that at least one-third of clinics in Texas would have been required to completely shutdown. Others would’ve have been required to make physical changes to their facilities to become hospital-like in such a way that most likely many more would/ve had to close their doors as well.
It looks like though that the Federal courts aren’t having anything to do with any of this nonsense. There was a similar law passed in Mississippi that another judge blocked as well. But let’s not start the party yet.
Of course Texas, like Mississippi is appealing to the 5th Circuit Court of Appeals. This court is one of the most conservative in the country but as far as I am aware, has never upheld any law that interferes with a woman’s right to choose.
Reproductive rights are settled law, 40 years ago in the Supreme Court. Lower courts are loathe to rule against precedent. Why should they? Honestly, aren’t there more important issues that should be dealt with by courts than re-litigating settled law? There might be some bad precedents that have been set in the recent past; I can think of one that always makes my blood boil: Kelo v. City of New London where the Supreme Court affirmed that government could take a persons private property and transfer it to another private property owner thus overturning centuries of established law that the only reason a government could take away a persons property in eminent domain was for the betterment of the community (roads, bridges, etc.).
In both the Texas and Mississippi reproductive rights cases though, I am very doubtful that the appeals court will rule any different that the lower court has already done. Specifically for Texas, gutting the provision mentioned above will basically invalidate the entire law. The purpose of these nutters was to try and find a way around Roe V. Wade. They always fail and hopefully in the future will always continue to fail.