Friday, November 1, 2013

Appeals court allows abortion clinic regulation law in Texas to take effect

A Fifth Circuit Court of Appeals panel has ruled that a prolife law in Texas can stay in place while the lawsuit against the law moves forward.  The law regulates abortion clinics and requires abortionists to have admitting privileges at a local hospital.  It is possible that up to 12 abortion clinics in Texas may, at least temporarily, close if they are unable to find an abortionist with admitting privileges. 

The panel's decision means as least 12 clinics won't be able to perform the procedure starting as soon as Friday. In its 20-page ruling, it acknowledged that the provision "may increase the cost of accessing an abortion provider and decrease the number of physicians available to perform abortions."

However, the panel said that the U.S. Supreme Court has held that having "the incidental effect of making it more difficult or more expensive to procure an abortion cannot be enough to invalidate" a law that serves a valid purpose, "one not designed to strike at the right itself."