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BREAKING NEWS: Fifth Circuit REINSTATES Texas abortion bans

I normally chastise the sky-is-falling types on here, but FUCK. It is now a certainty that the Roberts court will hear the biggest challenge to Roe v. Wade in over 40 years. And it's entirely likely they'll uphold the Texas law, making it immediately legal in all 50 states.


"Only three days after a federal judge blocked a new Texas law that threatened to shut down many of the state’s abortion clinics, the United States Court of Appeals for the Fifth Circuit, in New Orleans, reversed the decision, saying the rule should take effect while the case is argued in the months to come.

Abortion clinic owners and women’s health advocates said the decision would have catastrophic effects because as many as 13 of the 36 clinics providing abortions in the state would have to stop doing so immediately, forcing women in large swaths of Texas to travel several hours on multiple days to obtain abortions.

The clinics forced to halt abortions have been unable to satisfy a new requirement, part of a broader anti-abortion law adopted in July, that doctors performing the procedure must have formal admitting privileges at a hospital within 30 miles of the clinic.

Greg Abbott, the state attorney general and a Republican candidate for governor next year, filed an emergency appeal to the circuit court on Monday asking it to overrule the lower court. He said in a statement Thursday, “This unanimous decision is a vindication of the careful deliberation by the Texas Legislature to craft a law to protect the health and safety of Texas women.”

Gov. Rick Perry, who has said he hopes to abolish abortion in Texas, said in a statement, “Today’s decision affirms our right to protect both the unborn and the health of the women of Texas.”

In blocking the requirement on Monday, Judge Lee Yeakel of United States District Court in Austin accepted the argument of the clinics, and many doctors and national medical associations, that requiring admitting privileges had no bearing on safety because in the rare event of an emergency, patients will be rushed to the nearest hospital and treated the same way regardless. The requirement is likely to be unconstitutional, he declared, because it is “without a rational basis and places a substantial obstacle in the path of a woman seeking an abortion.”

But the appeals panel found just the opposite: that the rule is likely to be constitutional because it serves a legitimate state interest in regulating doctors and does not impose an “undue burden” on the right to abortion.

The appeals court said that the admitting privilege rule might “increase the cost of accessing an abortion provider and decrease the number of physicians available to perform abortions.” But it cited a Supreme Court statement in an earlier abortion case that if a regulation serves a valid purpose, the fact that it has “the incidental effect of making it more difficult or more expensive to procure an abortion cannot be enough to invalidate it.”

In Texas and other states, especially in smaller cities and rural areas, abortion clinics often use visiting doctors who may be highly qualified but do not meet the rules of local hospitals for admitting privileges. Many hospitals, for example, grant privileges only to doctors who admit a certain number of patients a year, while emergency hospitalizations after abortions are rare.

Some hospitals are unwilling to make formal arrangements with abortion providers because of religious reasons or because they fear protests.

The challenge to the admitting privilege rule was brought by the American Civil Liberties Union, the Center for Reproductive Rights, Planned Parenthood and other abortion clinic owners in Texas. They were apparently surprised by the sudden turn and warned of dire consequences.

“We believe there are currently 36 health centers in Texas that provide abortions, and one-third will be forced to stop those services tomorrow,” Amanda Harrington, a spokeswoman for the Planned Parenthood Federation of America, said on Thursday."

by Wendy Davisreply 1811/03/2013

"Four of 13 Planned Parenthood clinics in Texas have not been able to find doctors with local admitting privileges and will halt abortions immediately, but they will remain open to provide other women’s services, Ms. Harrington said. Some other private clinics may shut down, mostly in West Texas.

Courts in Alabama, Mississippi, North Dakota and Wisconsin have temporarily blocked similar admitting-privilege requirements as unconstitutional obstacles. With Thursday’s ruling by the Fifth Circuit, it appeared likely that the issue will eventually be decided by the Supreme Court, part of the continuing state battles over Roe v. Wade."

by Wendy Davisreply 111/01/2013

Btw I am telling you NOW so I won't have to tell you THEN: I will inform the Editor IMMEDIATELY if I see any misogynist or freeper bullshit on this thread, and ensure that trolls' access to DL is blocked for however long it takes for women's pro-choice rights to be reinstated.

by Wendy Davisreply 211/01/2013

This really only has an effect on poor women in Texas who have to go to clinics for abortions. If you have insurance or money you can just go to an gynecologist and get an abortion in their office.

So now these poor women will have to give birth to children they either don't want and/or can't afford

by Wendy Davisreply 311/01/2013

[quote]This really only has an effect on poor women in Texas who have to go to clinics for abortions.

Um, WTF? You seriously think it's OKAY that "only" poor women -- in other words, the ones who *need* services like Planned Parenthood the most -- are affected? Texas has the highest percentage of residents without health insurance in the country btw, so we're "only" talking about 25% of the second-largest state in the country here.

You're either an asshole, a dipshit, a heartless cunt or all of the above. I vote for the latter.

by Wendy Davisreply 411/01/2013

I don't think it's common for abortions to be performed in private MD offices. Most women go to clinics. Sometimes the clinic will allow an affluent/celebrity woman to come in on off hours when no other patients are there. This private service costs a lot more than regular hours.

by Wendy Davisreply 511/01/2013

R5, seriously? Do you even *know* any straight women? Your "scenario" is fucking absurd. Most women who get abortions have them performed by their gynos. It's covered by insurance, gleefully. There is no "secret culture" of "shamed women" darting nervously into doctors' offices in the dark of night, regardless of socioeconomic level. Yes, many women don't want their husbands or boyfriends to find out, but that doesn't mean they go to Planned Parenthood instead of their normal gyno.

by Wendy Davisreply 611/01/2013

In SC and other conservative states that's usually what happens, m'kay?

by Wendy Davisreply 711/01/2013

How is it possible for a society to regress?

Isn't it in our human nature to need to evolve?

How can the lights be turned out on a society that was once considered enlightened and progressive? Well, that never did include Texas, did it?

Why, with each passing day, is the USA (and much of the world) plunging deeper into darkness?

Another generation and the human intellectual condition will be on par with the 10th century.

by Wendy Davisreply 811/01/2013

I lament the failure of Rick Perry's mother to get an abortion.

by Wendy Davisreply 911/01/2013

[quote]I lament the failure of Rick Perry's mother to get an abortion.

This bullshit isn't Slick Rick's work. No, it's the result of two full decades of behind-the-scenes handiwork to ensure that the Texas legislature is gerrymandered solid red for years to come. And for that we need to go back 20 years and "thank" the man who conceived this notion in the first place and somehow, years *after* losing all of his power, managed to pull it off: ladies and gentlemen, Mr. Karl Rove!

by Wendy Davisreply 1011/01/2013

I lament the failure of Karl Rove's mother to get an abortion.

by Wendy Davisreply 1111/03/2013

r5, there's more than one type of abortion and the earlier it's done the easier and safer it is to do (e.g. the morning-after pill.) It's taken years for public health authorities to talk women into going to the doctor, getting their pregnancies diagnosed early and either getting proper prenatal care or competently performed early-term abortion. Laws like this one encourage women with unwanted pregnancies to either go into denial or cover up what's happening to them (which is how you get those little strangled corpses in dumpsters) or to try DIY abortion techniques or go to creeps like Dr. Kermit Gosnell (which can easily land both mother and unborn baby in the morgue.) People have been so brainwashed by Right to Life propaganda that they have no idea what an important step forward legalized abortion was for public health. There are going to be some very ugly stories coming out of Texas.

by Wendy Davisreply 1211/03/2013

Abortion clinic owners?

That means they are in the business for profit. Aren't we all against that?

by Wendy Davisreply 1311/03/2013

[quote]And it's entirely likely they'll uphold the Texas law, making it immediately legal in all 50 states.

Any such ruling would only apply in TX and other states with similar laws. Granted, it would likely embolden the anti-choice crowd, but one such ruling doesn't mean that legal abortion automatically disappears nationwide.

by Wendy Davisreply 1411/03/2013

[quote]So now these poor women will have to give birth to children they either don't want and/or can't afford

Then the good Christian people of Texas will lobby hard to ensure that the babies they forced to be born to unwilling mothers are denied any sort of food or medical aid because, dammit, their taxes aren't going to pay for someone else's irresponsible decisions!

Then babies will die from a lack of food and medical care, and the good Christian people of Texas will lobby hard to have the poor mothers imprisoned for murder.

Then the good Christian people of Texas will sit back smug in the knowledge that they will go to heaven, and the poor criminal women they forced into lives the women never wanted will burn in hell for eternity.

Because that's what Jesus would do.

by Wendy Davisreply 1511/03/2013

It's just too damned bad and utterly stupid that women do not vote for their own interests. Why don't some women own their power and use it? They give it away by not voting or by voting against someone (most likely other women) because of jealousy, spite or annoyance.

by Wendy Davisreply 1611/03/2013

Women outnumber men. If women decide they want reproductive freedom, and the right to a safe lehal abortion, they should get off their asses and vote. They should vote for DEMOCRATS ONLY! ALWAYS! If they find some excuse not to, well, they get what they get. It's really no skin off my ass.

by Wendy Davisreply 1711/03/2013

[quote]I don't think it's common for abortions to be performed in private MD offices.

My mom has worked for OBGYNs for almost her whole life. Not all will do this, but a some of them will perform an abortion then chart it as an incomplete miscarriage. Of course they don't go around announcing that, so few women know about it. They wouldn't need to do that if the women's insurance covered abortion, but the Jebus freaks make sure that option is not available.

by Wendy Davisreply 1811/03/2013
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