Texas' Abortion Restrictions Will Go Into Full Effect After All

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Most of Texas' sweeping anti-abortion law has already gone into effect. The ban on the procedure after 20 weeks post-fertilization, the requirement that clinics meet the standards laid out for ambulatory surgical center, the mandatory reliance on outdated FDA guidelines on abortion-inducing drugs--all scooted from Governor Perry's desk to reality unimpeded.

The story was different for the rule that doctors who perform abortions have admitting privileges at a hospital within 30 miles of their clinic. The day before the provision was set to go into effect, U.S. District Judge Lee Yeakel declared it an "undue burden" on Texas women and struck it down as unconstitutional.

Yeakel's permanent injunction lasted all of three days. Thursday evening, the 5th Circuit Court of Appeals in New Orleans ruled that the admitting-privileges requirement can go into effect immediately.

See also: Texas' New Abortion-Clinic Rules Could Be Stricter Than Those For Many Surgery Centers

The opinion isn't the court's final verdict on the rule, which will come later, but it's a suggestion of what the ultimate outcome will be. The state of Texas, arguing that the law is a constitutional attempt to protect women's health, is probably right and "has made a strong showing that it is likely to succeed on the merits," the justices rule.

Yeakel's decision, they write, is "one step removed from repudiating the longstanding recognition by the Supreme Court that a State may constitutionally require that only a physician may perform an abortion." The law will increase the cost of the procedure and reduce the number of doctors available to perform it, they acknowledge, but it does not "impose a substantial obstacle to abortions."

Their decision means that at least 12 abortion clinics will no longer be able to operate as of today, according to the Associated Press.

Naturally, Planned Parenthood disagrees. National president Cecile Richards issued a statement on Thursday declaring the fight "far from over," maintaining that the measure "clearly violates Texas women's constitutional rights by drastically reducing access to safe and legal abortion statewide."

See also: Federal Judge: HB 2 Places "Undue Burden" on Texas Women

Governor Rick Perry's response was reserved but celebratory.

"Today's decision affirms our right to protect both the unborn and the health of the women of Texas," he said. "We will continue doing everything we can to protect a culture of life in our state."

Here's the 5th Circuit's full opinion:


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88 comments
Schultzy
Schultzy

It is indeed hard shopping for maternity clothes. In terms of a swim suit,  I will suggest Prego Maternity's line of swim wear. You can get something that will cover (such as the halters) or grab a tankini from Maternal America.  If you are 5'2 Japanese Weekend has some pretty flexible designs. If you plan to go lower cost go with empire waist or smocked dresses. For the women searching for plus size, you just have to know what to look for in maternity clothes! Sometimes an XL will gladly fit an 18. You want the spandex content to be at least 3% for maternity clothes. The more spandex, the better the give. Cute plus size maternity exist, stores do not buy it because they do not have a high enough demand for plus size. 

Schultzy @ http://www.mommyliciousmaternity.com/

ozonelarryb
ozonelarryb

Where is PP with real data. Like complication rates from abortions, like complication rates for non-clinic abortions, back room rates based on distance from clinic, etc.

TheCredibleHulk
TheCredibleHulk topcommenter

Holy cow. That went south, quickly.

Anna, Anna, Anna!

I've summoned the referee and now you're all in for it!

dingo
dingo

Planned Parenthood: 

the measure "clearly violates Texas women's constitutional rights by drastically reducing access to safe and legal abortion statewide."

Court Opinion::

"there are 254 counties in Texas, and Planned Parenthood’s evidence showed that well before H.B. 2 was to take effect, abortions were performed in only 13 counties in Texas."

"There was evidence offered by Planned Parenthood that more than 90% of the women seeking an abortion in Texas would be able to obtain an abortion from a physician within 100 miles of their respective residences even if H.B. 2 went into effect."

primi_timpano
primi_timpano topcommenter

The Fifth Circuit used to be one of the great appeals courts. Brown may have overruled the separate but equal doctrine, but it was the 5th that presided over the heavy lifting, and they did so admirably and courageously. This court has soiled a proud legacy.

Myrna.Minkoff-Katz
Myrna.Minkoff-Katz topcommenter

We gave Ruddski a sound thrashing this morning.  Thanks to all. 

ruddski
ruddski

Well kids, there's a cold front headed this way, so I gotta hit the beach while I still can. Keep up the good work deconstructing arguments, maybe on my return I'll be a queer nazi child molesting armed racist who wears Myrna's cast-offs - thereby proving that the ACA is working marvelously.

ruddski
ruddski

Seeing that this has become a open thread, I'll post this...

I had no medical insurance from age 18 to 38, 20 years. Assuming insurance would have cost me $300/month, that's a total of $72,000 I would have paid to insurance companies. In that time period, I incurred about $4,000 in medical expenses, which I paid myself. That's a savings of $68,000 over 20 years. Now, young people who enthusiastically voted for hope, change, and spreading the wealth around are finding that they are the ones with the ability, not the need, and they don't have the option that saved me 68K.

That's why I call them "suckers".

Myrna.Minkoff-Katz
Myrna.Minkoff-Katz topcommenter

"Racism and guns go together.

That’s the finding of an international study by Manchester University, UK and Monash University, Australia, released Thursday, that says the two are linked. More specifically, odds are greater that a racist white American also keeps a gun at home and opposes gun control regulations."


I would conclude, without much doubt, that the fascists that want to control women's reproductive rights can be included in the racist, gun-nut segment of America's population.

RTGolden1
RTGolden1 topcommenter

@TheCredibleHulk Now you've done it.  You've summoned the Dark One, and she will come.  And she'll be irate that our bickering is interrupting her enjoyment of a world class city.

mavdog
mavdog topcommenter

@dingo 

I find it hilarious how the anti-abortion zealots attack Planned Parenthood with such fervor.

after all, by distributing contraception and providing sex ed to millions of clients Planned Parenthood is responsible for preventing a greater number of unwanted pregnancies, and therefore abortions, than all these zealots combined might hope to do in their lifetime.

it takes a certain amount of idiocy to champion shutting down the largest providor of tools to prevent pregnancy in order to acheive the goal of fewer abortions....

bridgeman55
bridgeman55

Former top commenter glories in 'winning' internet p*ssin*g matches and the killing of babies she could never have. Have a great weekend!

ruddski
ruddski

He's queer! He wears women's clothes!, he's actually a woman. He's an asshole!!!

Yeah, hon, you sure thrashed. Imagine how awesome your debate skills will be when you march past puberty.

weirdozmedia
weirdozmedia

Totally, we shouldn't be required to have car insurance either - thanks a lot Obama! What's this have to do with Rick Perry banning abortions though?

mavdog
mavdog topcommenter

@ruddski 

I'm sure there are other people who didn't have any insurance coverage, were afflicted with a health issue and either a) still are paying for the medical expenses years later, b) had to declare personal bankruptcy because of their debts from the medical expenses, or c) just received the medical care but didn't pay and left the rest of us to cover the costs.

your illustration is of a person who played the odds they wouldn't have a major medical problem and came out on the winning side.

living life like you are at the crap table in Vegas isn't a wise way to go....

observist
observist topcommenter

@ruddski   You don't seem to understand the difference between "insurance" and "savings account".

ruddski
ruddski

The person who controls your "reproductive rights", and every other facet of your body is most likely an unelected democrat bureaucrat who now has the power of life and death over you. Racist gun owners aren't much of a threat, unless they're urban racist gun owners.

rbtxcat75
rbtxcat75

@mavdog @dingo PP leads the US in abortions every year.  Roughly 324,000 a year.  Would you call that progress?  While they have been in schools conducting sex ed classes, abortion have increased.  Think of it like this, if Wal Mart went to your high school and talked about spending wisely but then discussed all of the advantages to coming to Wal Mart, would that be true education or a marketing campaign?  Most non-profits show a track record of actually reducing the cause they are fighting for (ie - Cancer Society, Amer. Heart Assoc.).  This is not the case and as taxpayers, you are paying around $500 million a year to support an unsuccessful company.  Would you ask the same for your financial investments? 

dingo
dingo

@mavdog @dingo The post consisted of  direct quotes contrasting the ruling and the organization's official statement. These contrasting quotes are at the heart of the issue. 

There was no 'attack'. There is ample capacity as far as I know within the LiveFyre cloud to relevantly discus the  issues in a meaningful manner. 

It takes a certain amount if childishness to whine at the presented facts.

ruddski
ruddski

No, I leave that on the beach. Have you ever been on a beach, hon?

ruddski
ruddski

What do studies from countries that don't allow gun rights have to do with vacuuming fetuses? An open thread, once opened, is a bitch to close.

ruddski
ruddski

I agree, make the little shits own their fervent need for hope, change, and redistribution of what little wealth they have.

observist
observist topcommenter

@mavdog @ruddski  5 of 6 people play Russian Roulette with no long-term effects whatsoever.  What's the big deal?

ruddski
ruddski

I do, hence my little tale. Why aren't the people least likely to need or purchase med insurance allowed the option? They demanded choice and that government keep its hands off their bodies, so of course they voted against those concepts, and now the hands on their little bodies have limited their choices. Kudos.

rbtxcat75
rbtxcat75

@mavdog so let's say PP non-abortion facility A (located on Park, west of Greenville) has a client that is considering an abortion.  Are you saying they would not refer that client to PP surgical facility B (located less than 2 miles from the Park and Greenville location).  While PP facility A does not provide abortions, they can easily refer the actual surgical facility down the road from them.  So saying that seems odd, is not really that odd.

While PP does provide those other services outside of abortion, do you find it odd that they would pro-actively shut down facilities here in Texas that are not affected at all by the new laws in effect?  So are they protecting their profits or "really concerned for women's rights..."?

mavdog
mavdog topcommenter

@rbtxcat75 

PP reports 15% of the clinical revenue is derived from abortions. why is this an issue? clients of PP who elect to have an abortion either pay for the service out of their own pocket, or due to their inability to pay have it covered by donations to PP. no government funds go to abortion services. not an issue, period.

the claim on "abortion quota" seems odd to reconcile. with about 6 of every 7 PP clinics NOT providing abortion services, it's impossible for these clinics to ever have a "quota".

now you are proving yourself guilty of the very thinking I point out above. deny contraception services to the 3.5 Million clients that receive pregnancy prevention services from PP and just how big an increase in abortions would result....how an abortion opponent could advocate less contracetion services is...you fill in the blank. the word is not "intelligent".

rbtxcat75
rbtxcat75

@mavdog @rbtxcat75 Thanks for the education on other non-profits that receive govt funding (not being sarcastic).  Make things up?  So based on PP's own information (which is dated as hell) they do approx. 324K abortions a year.  That is a fact.  The "services" argument is the standard one from pro-PP folks.  37% of clinical income comes from abortions.  Abby Johnson, former PP director that has become pro-life describes that each director had an "abortion quota" they had to raise revenue (read her book).  Does that sound like an organization that we should 1.) send a $500 million dollar check to every year.  2.) have the US government force states to use in ANY women's health programs for their state?


mavdog
mavdog topcommenter

@rbtxcat75

the fact that you would compare 2 for profit mecantile cos. with a not for profit service org says a ton about your literacy on the issue.

abortions are 3% of Planned Parenthood activities. providing abortions is not their goal, family planning services is their mission. PP has approx. 3.5 Million clients for contraception services, over 1.3 Million women for cancer screening and prevention assistance. PP IS very successful.

Government funding: YMCA $625M, Goodwill $492M, Boys/Girls Clubs $501M, Catholic Charities almost $3B, Catholic Relief $500M. many other non-profits who get as much and more from the government.

the number of abortions perfomed in the US has declined almost every year since 1990. you throw out a lot of inaccurate crap, do you just make things up?

rbtxcat75
rbtxcat75

@mavdog @rbtxcat75 @dingo PP is the Wal Mart and McDonald's of abortions plus we send nearly a half billion dollars in tax revenue to them, so what do you expect?  Can you name another non-profit organization that receives that much money from the US government?

RTGolden1
RTGolden1 topcommenter

@dingo"...There is ample capacity as far as I know within the LiveFyre cloud to relevantly discus...." 

I hope this works and VVM switches from LiveFyre to Discus.

mavdog
mavdog topcommenter

@rbtxcat75 @mavdog @dingo 

riiight, because the "issue" has nothing to do with planned parenthood....planned parenthood isn't under attack.

no, not at all. lotsa love thrown PP way by the right in the TX legislature....that's why HB2 was passed! to show how much they love what PP does!

mavdog
mavdog topcommenter

@dingo 

odd, but without any use of the word "you" or your name in the post it was taken as a "personal attack".

brings to mind the Bard's line of "the lady doth protest too much, methinks..."

and no, the opinion of the court doesn't "contradict the PP statement". It offers a different viewpoint of if a center is easily accessible to the state's pop, a viewpoint the next level may not share.

dingo
dingo

@mavdog @dingo Personal attacks are truly effective at persuading against a court ruling that directly contradicts the PP statement.

Whether I am this or you are that is pretty trivial with regard to the essence of the ruling, which is what I deem to be the most beneficial subject of my comments. I apologize if that particular character flaw offends your sensitive perspective.

mavdog
mavdog topcommenter

@dingo 

"whine at"??? apparently I struck too close to home......

ruddski
ruddski

At a time and place of my choosing. I'm kind of interested in the powerful arguments yet to come in support of lies and limitation of choice, like maybe I'm a transvestite!

ruddski
ruddski

Don't argue with me, I'm immune to this Idiot scheme. Just keep in mind that right about now, millions of voters are realizing they were blatantly lied to and are thinking how much they'd like to take the gamble I did

ruddski
ruddski

Those insurance companies now answer to a benevolent power.

ruddski
ruddski

It's getting better. Now I've been called queer and a child molester or something.

The power of the liberal intellect, simply awesome!

mavdog
mavdog topcommenter

@ruddski 

you keep referring to "government" and "unelected democrat bureaucrat". apparently you don't know that healthcare decisions are still being made by the insurance behemoths who write the policies....

observist
observist topcommenter

@ruddski You're not making much sense here - perhaps your fixation on the image of hands on young little bodies is clouding your thoughts?

mavdog
mavdog topcommenter

@doublecheese 

right, because the "under 30 crowd" aren't online using other sources....they watch TV!

too funny.

doublecheese
doublecheese

@mavdog @ruddski What isn't hilarious is that those shows are where the majority of the under 30 crowd gets their news.

mavdog
mavdog topcommenter

@ruddski 

"premiere news shows". that's hilarious.

ruddski
ruddski

Stay away from the lefty news people, hon. They're ripping your savior up. Even the premier news shows - SNL, Daily Show, etc. are slamming Dear Leader.

ruddski
ruddski

Yeah, I read the news. Try it sometime.

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