On March 27, 2014, the 5th Circuit Court of Appeals in New Orleans upheld the new Texas abortion law which requires doctors have hospital admitting privileges within 30 miles of their clinic and restricts the use of abortion-inducing drugs. A three-judge panel ruled the law, known as House Bill 2, was constitutional and does not violate the rights of women seeking abortions in Texas.
The plaintiffs in this case including abortion providers, Planned Parenthood, and other private pro-abortion groups argued the law created an undue, unconstitutional burden on women seeking an abortion in Texas. However, the all-female panel ruled if the law did impose a burden, the 'burden does not fall on the vast majority of Texas women seeking abortions.'
A lower federal court in Austin previously issued an injunction blocking enforcement of HB 2 but that injunction was also overturned by the 5th Circuit Court of Appeals in October, 2013, pending the outcome of this appeal. The plaintiffs may now appeal this decision to the Supreme Court. However, that court has already ruled in favor of the law in a 5-4 decision in November, 2014, refusing the request of Planned Parenthood and several other Texas abortion clinics to block enforcement of the restrictions on abortions.
In response to this ruling, Texas Attorney General Greg Abbott said, '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.' Texas Gov. Rick Perry also responded to today's ruling and said, 'The people of Texas have spoken through their elected leaders and in support of protecting the culture of life in our state. Today's court decision is good news for Texas women and the unborn, and we will continue to fight for the protection of life and women's health in Texas.'
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