Federal Judge Strikes Down New Law Seeking to Raise Standards for Abortions in Texas
A federal judge has blocked a portion of a new Texas state law that was due to take effect Monday, which would have required abortion clinics qualify as "ambulatory surgical centers." The change, critics had argued, would have force many abortion clinics in the state to close.
U.S. District Judge Lee Yeakel issued a ruling declaring that the new requirement would place "an unconstitutional undue burden on women throughout Texas and must be enjoined."
Abortion providers in the state had been represented by the New York-based Center for Reproductive Rights to file the suit against the new law.
Following the decision, Nancy Northup, the Center's president and chief executive, said the ruling made clear that " rights protected by the U.S. Constitution may not be denied through laws that make them impossible to exercise."
However, the ruling may not be the end of the case, as the Texas Attorney General's Office immediately indicated it would appeal the ruling.
A spokesperson for the Office released a statement saying, "The State disagrees with the court's ruling and will seek immediate relief."
Advocates against the new law had argued that only seven clinics, located in the state's five biggest cities, qualify as surgery centers. They said this meant many people seeking abortions would in effect be denied their rights to an abortion under the Supreme Court's landmark Roe v. Wade decision
However, those backing the changes have said the changes would improve women's health by increasing the quality-control standards on clinics, which many argue at present are too loose.
Emily Horne, a legislative associate with Texas Right to Life, has said, "The ambulatory-surgical-center rule requires providers to have more emergency accommodations in place than they currently have in the event something goes wrong. The new law makes clinics safer for women."