Federal Judge Blocks Portion of Texas Abortion Law

Provision that would required abortion providers to have hospital admitting privileges is found unconstitutional

By Akiba Solomon Oct 28, 2013

Today a federal judge dealt a blow to HB 2, Texas’s omnibus abortion law set to take effect tomorrow. Among other provisions, the law forced abortion providers to have (medically unnecessary) admitting privileges to local hospitals, a requirement that reproductive health advocates said would force them to stop providing abortions. U.S. District Judge Lee Yeakel found the provision unconstitutional. From ThinkProgress:

In his opinion, Yeakel noted that the "admitting-privileges provision is without a rational basis and places a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus." Similar logic has led several federal judges to block identical provisions in other states. Yeakel did not strike down the provision related to medication-induced abortions.

The ruling also does not affect several of the other provisions in Texas’ omnibus law, such as the requirement that abortion clinics need to meet the same standards as ambulatory surgical centers — which won’t take effect until 2014 — or the ban that outlaws abortion procedures after 20 weeks of pregnancy.