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Current Events & Hot Topics Current Events & Hot Topics

Appeals court upholds new Texas abortion rules

Posted by on Mar. 28, 2014 at 7:33 AM
  • 104 Replies
1 mom liked this


A federal appeals court's decision Thursday upholding tough new abortion restrictions in Texas that a lower court had struck down increases the chance that the issue is headed to the Supreme Court.

A three-judge panel of the 5th Circuit Court of Appeals ruled that the state did not violate the Constitution by requiring that abortion doctors have admitting privileges at nearby hospitals and restricting the availability of abortion-inducing drugs.

That law had been struck down by a federal district court, but the appeals court blocked its effect, and the Supreme Court refused to step in. As a result, the law has remained in effect, and it has resulted in many of the state's abortion clinics shutting down.

When the Supreme Court refused in November to restore the state's abortion privileges while the case progressed, its four liberal justices objected — and hinted at their desire to get involved.

"The underlying legal question — whether the new Texas statute is constitutional — is a difficult question," Justice Stephen Breyer wrote. "It is a question, I believe, that at least four members of this court will wish to consider, irrespective of the 5th Circuit's ultimate decision."

Those are the justices most likely to disagree with Thursday's verdict, making it likely that the case will be heard by the high court in its next term, which begins in October.

The court has heard two abortion-related cases this term. One is a challenge by family-owned corporations to the requirement that health policies issued under the new federal health care law include full coverage of contraceptives, including those the owners say cause abortions. The other challenges Massachusetts' 35-foot buffer zone around abortion clinics, designed to keep demonstrators away from patients.

Not since 2007 have the justices taken on abortion directly as a medical procedure. That ruling upheld a federal ban on "partial-birth" abortions, usually performed at 20-24 weeks of pregnancy, and led to a rise in state restrictions.

If the Texas case is granted — presuming Planned Parenthood seeks the Supreme Court's review — it could test the limits of the court's landmark 1992 ruling in Planned Parenthood v. Casey. That case, a successor to the Roe v. Wade decision of 1973, gave states broader authority to impose requirements such as 24-hour waiting periods and parental consent.

The court has declined to hear several other abortion cases this term, including lower court decisions striking down Arizona's ban on most abortions after 20 weeks of pregnancy and Oklahoma's mandated ultrasound tests.

Abortion rights supporters in Texas had protested that the laws represented an effort to curtail abortions in Texas. In its opinion Thursday, the three-judge appeals court panel said the law "on its face does not impose an undue burden on the life and health of a woman." It was written by Judge Edith Jones, an appointee of Ronald Reagan.

Contributing: Associated Press

source

by on Mar. 28, 2014 at 7:33 AM
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Replies (1-10):
candlegal
by Judy on Mar. 28, 2014 at 9:03 AM
2 moms liked this

I am betting Wendy Davis is having a meltdown over this.

LNLMommy
by Queen K on Mar. 28, 2014 at 9:09 AM

Glad I don't live in Texas

candlegal
by Judy on Mar. 28, 2014 at 9:18 AM
4 moms liked this

So is Texas.

Quoting LNLMommy:

Glad I don't live in Texas


LNLMommy
by Queen K on Mar. 28, 2014 at 9:19 AM

ok....

Quoting candlegal:

So is Texas.

Quoting LNLMommy:

Glad I don't live in Texas


mewebb82
by Member on Mar. 28, 2014 at 9:26 AM
1 mom liked this

I'm ready to get out of Texas. 

candlegal
by Judy on Mar. 28, 2014 at 9:31 AM
1 mom liked this

What is keeping you here?

Quoting mewebb82:

I'm ready to get out of Texas. 


mewebb82
by Member on Mar. 28, 2014 at 9:37 AM

My husband was recently promoted to vp.....an opportunity he couldn't pass up. We were planning to move to Oregon. Now, we figure he puts 2 years in and has that on his resume and then we can go almost anywhere.

Quoting candlegal:

What is keeping you here?

Quoting mewebb82:

I'm ready to get out of Texas. 


jaxTheMomm
by Platinum Member on Mar. 28, 2014 at 9:44 AM
10 moms liked this

Eventually these will all get tossed, Texas will have wasted hundreds of thousands of dollars defending them, and you'll all still look like obsessed people who don't trust women to know what's best for them.

candlegal
by Judy on Mar. 28, 2014 at 9:48 AM
1 mom liked this

It is a matter of not trusting women to do what is right for their children.  Many women will do what feels good instead of what is right.    Therein lies the problem.

Quoting jaxTheMomm:

Eventually these will all get tossed, Texas will have wasted hundreds of thousands of dollars defending them, and you'll all still look like obsessed people who don't trust women to know what's best for them.


Stephanie329
by Platinum Member on Mar. 28, 2014 at 9:49 AM
4 moms liked this
That's nasty. Do you even know her? Or is it be a pretend Christian - but really be a bitch - day?

Quoting candlegal:

So is Texas.

Quoting LNLMommy:

Glad I don't live in Texas

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