|Photo by Francisco Montes|
|Texas is working on it. |
UPDATE: Yeakel issued his ruling on Friday afternoon, and to the surprise of pretty much no one he struck down the requirement that all abortion clinics be certified ambulatory surgical centers, according to the Texas Tribune. The lawsuit also asked that Yeakel suspend the admitting privileges requirement for two clinics -- Whole Woman's Health in McAllen and Reproductive Services in El Paso -- which were forced to close because of said requirement. Yeakel granted that request, meaning there might just be an abortion clinic option west of San Antonio within the Lone Star State again.
In his ruling, Yeakel said HB 2's ambulatory-surgical-center requirement "burdens Texas women in a way incompatible with the principles of personal freedom and privacy protected by the United States Constitution for the 40 years since Roe v. Wade."
Here's another choice line from Yeakel's decision:
When viewed in the context of the other state-imposed obstacles a woman faces when seeking an abortion in Texas -- including a sonogram requirement, a waiting period, and the reduced number of abortion-performing physicians resulting from the admitting-privilege requirement -- the court is firmly convinced that the State has placed unreasonable obstacles in the path of a woman's ability to obtain a previability abortion. These substantial obstacles have reached a tipping point that threatens to "chip away at the private choice shielded by Roe," Stenberg v. Carhart, 530 U.S. 914, 952 (2000) (Ginsburg, J., concurring), and effectively reduce or eliminate meaningful access to safe abortion care for a significant, but ultimately unknowable, number of women throughout Texas.
The decision is pretty much gilt-edge guaranteed to be appealed to the Fifth Circuit Court of Appeals, so this is not, most likely, the final word on the matter of HB2. You can read Yeakel's entire ruling at the end of this post.More »