Skip to comments.BREAKING: Federal Judge Declares Texas Abortion Restrictions Unconstitutional
Posted on 10/28/2013 6:08:56 PM PDT by 2ndDivisionVet
This July, lawmakers in Texas passed a bill that restricted abortion after 20 weeks gestation, required clinics to comply with higher health standards, mandated that doctors have admitting privileges in nearby hospitals, and mandated an FDA-approved protocol for RU-486 administration. Following a lawsuit by Planned Parenthood, a judge has ruled that the parts of the law are unconstitutional.
District Judge Lee Yeakel wrote Monday that the regulations violated the rights of abortion doctors to do what they think is best for their patients and would unreasonably restrict a woman's access to abortion clinics.
Lawyers for Planned Parenthood and other abortion providers brought the lawsuit, arguing that a requirement that doctors have admitting privileges at a hospital within 30 miles of the abortion clinic would force the closure of a third of the clinics in Texas. They also complained that requiring doctors to follow the Food and Drug Administration's original label for an abortion-inducing drug would deny women the benefit of recent advances in medical science.
The judge found that requiring that a doctor have admitting privileges is unconstitutional, and that the requirement of an FDA-approved protocol for administrating RU-486 maybe lifted in cases necessary to preserve the life of health of the mother. The restriction of abortion after 20 weeks was not challenged in this case.
Texas Attorney General Greg Abbott is expected to file an appeal.
We knew this would happen, and said so.
Quit passing laws that end with “and then you can kill the baby,” and start passing laws that provide all children with the equal protection that the supreme law of the land absolutely requires for every person, in every state.
If the judges don’t like it, impeach them. Send them a nice reminder that you swore to support and defend the Constitution, not their immoral, unconstitutional opinions.
Both hands are skilled in doing evil; the ruler demands gifts, the judge accepts bribes, the powerful dictate what they desire they all conspire together.
He said: In a certain town there was a judge who neither feared God nor cared what people thought.
Texas should declare itself a “sanctuary state” for the unborn child and ignore any federal law.
Hey, libs can do it with sanctuary cities...why can’t we with states?
Isn’t the SCOTUS the only court that can declare unconstituionality, by way of Marbury vs. Madison?
from my homepage...
Ive posted this in a couple of places and it doesnt seem to get much more than a yawn, even though its kinda-sorta an incremental approach.
I believe a fetus is a human being who deserves protection under the law from being killed.
***I do too. That fetus deserves protection extended by the state.
I do wonder if it is biblical to extend full protection to a fetus? I.e. when a man hurts a pregnant woman, hes expected to pay an eye for an eye & a tooth for a tooth. But if the unborn baby is killed, the price is not the same.
Perhaps it is time to consider a 3 (or even 4) tiered system of protection.
Tier 1: Living, viable, late term baby which will not be aborted unless the life of the mother is at stake.
Tier 2: Living, not-yet-viable pre-born human who should have the right to protection and life and a safe womb to which it can attain viability. Cannot be aborted unless there is an open rape case associated with the pregnancy or the life of the mother is at stake.
Tier 3: Living, early stage, not yet viable pre-born human for whom we do not extend the rights of life in this society because of a historical snag where we once considered such tissue not to be a baby. We as a society thought it was best to consider it a private decision. I personally do not believe in Tier3 abortions, but I can understand that there are many who think it is a right to choose at this stage. It may be time to consider a program where the woman declares her pregnancy and intent to abort. Our societal function at this point would be to provide a family that is willing to adopt this baby and to put up this woman for 6-8 months in a safe environment so the baby can grow and maybe the woman can learn some life skills. If our society cannot muster the forces necessary to save this baby, the woman has the sickening right to abort this pregnancy. Time for us to put up or shut up.
With a 3-tiered plan in place, women would stop using abortion as a means of birth control. Millions of lives would be saved. We would extend the right to life to every human that we have resources to save. Unfortunately, if we cannot put up the resources to save the Tier3 babies, we still would have this horrible practice staining our nations soul.
125 posted on 10/08/2007 1:43:20 PM PDT by Kevmo (We should withdraw from Iraq via Tehran. And Duncan Hunter is just the man to get that job done.)
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ALTERNATE HEADLINE: Federal Court Judge Declares 10th Amendment Unconstitutional
How much you wanna bet this “judge” didn’t bother to cite the specific section of the U.S. Constitution that supports his “unconstitutional” finding in this case?
I am sick to death of these Men In Black overturning the will of the people and state legislatures for political purposes. It’s pure tyranny by judicial fiat.
I wished that Governor Perry would tell the federal judge to “exit” his state and not return. Then implement the law anyway. If any “agency” or “entity” or “person” (federal, state, or local) attempts to interfere with the implementation....arrest them and escort them to the border.
THIS IS SOMETHING WORTH FIGHTING ABOUT. If the “Tea Party” would be as 1/10th as concerned about this (and stopping the homosexual agenda) as fiscal matters (like Obamacare) then legal abortion would end and homosexuals would go back into the closet (at least they would be seriously set back).
Seriously? How many doctors set on doing what is best for their patients enter the abortion industry? And I'm pretty sure that requiring abortion mills to meet basic health and safety regulations would not restrict their clients at all from entering.
I wonder if those who use abortion as birth control ever stop to think about the implications of the fact that abortion mills fight tooth and nail to not be subject to minimal standards.
Just another clown judge who, like all liberals, thinks every live birth is a cosmic failure.
He was a lawyer in the Marine Corp right?
I couldn’t agree with you more.
Ignore and invite him to come enforce. It’s time we stood up to judges legislating from the bench!
The secret clue is hidden in the Constitution behind the eminence of the penumbra, where only black-robed mystics can see it.
I think the fifth circuit will overturn and the SC will let it stand rather than try to settle it unless a different outcome happens in some other state.
Humbley, I offer this correction.
Every live birth except their own.
One of my brothers was once married to a flaming liberal who ranted how babies were dumb, dirty etc.
Mom looked at her and said that, yes, perhaps HER mother SHOULD have had an abortion.
Generally, such a knee-jerk pro-infanticide ruling would tend to be the hallmark of a Carter/Clinton/Zero appointee.
Texas should just secede. They’d take the Southeast, Arizona, New Mexico, the Midwest up to the Canadian border and most, if not all of the the Mountain states.
The country would be split in three and very quickly, the west coast and northeast would fade into oblivion. Just have to set up an Israeli type border to keep all the west coasters and northeasters out so they don’t ruin the place.
"Constitutonal" and "unconstitutional" are PC terms, good enough for low-information citizens.