Abortion Law Lawsuit
12:58 pm
Tue October 29, 2013

State Appeals Ruling Striking Down Part of Texas Abortion Law

Texas Attorney General Greg Abbott has appealed yesterday’s ruling striking down part of the state’s new restrictions on abortion.

Yesterday, U.S. District Judge Lee Yeakel ruled a requirement that doctors who perform abortions have admitting privileges at a hospital within 30 miles of their clinics was unconstitutional. Judge Yeakel partially allowed another provision to stand, ruling a new requirement that doctors follow FDA protocol for dispensing abortion-inducing drugs was not an undue burden – unless the woman’s life was in danger due to the pregnancy.

State officials are now asking the Fifth Circuit Court of Appeals to grant an emergency stay of yesterday’s ruling. That would keep the admitting privileges provision of the law in place until the appeal process moves farther.

The state also requests that the Court decide this motion by this evening and "urges the Court to set an expedited briefing schedule that will allow for a hearing at the next practically available sitting in January." You can read the appellate case document here.

And read the plaintiffs' opposition to the request for a stay here.

Depending on what the appeals court judge decides, either side plans to appeal on up to the U.S. Supreme Court

KUT spoke with WNYC’s The Takeaway earlier today. Listen to the conversation in the player above.