No action taken by Texas court
AUSTIN, Texas — A federal appeals court didn’t act on an emergency motion Tuesday that would’ve allowed some new abortion restrictions to take effect in Texas, the latest step in a lengthy battle activists on both sides predicted would end up before the U.S. Supreme Court.
State officials urged the panel to quickly hear their appeal of a judge’s ruling Monday striking down a requirement that doctors performing abortions must have admitting privileges at a hospital within 30 miles of their clinic.
But the conservative 5th Circuit Court of Appeals in New Orleans did not take action by the close of business Tuesday, leaving in place — at least for now — the judge’s permanent injunction blocking the new abortion rules from being enforced.
The judge agreed with abortion-rights activists that the restrictions, which were to take effect Tuesday, placed an unconstitutional burden on women seeking an abortion and didn’t make the process safer, as state officials had argued. Texas Attorney General Greg Abbott immediately appealed.
The provision, part of a large package of abortion limits the Legislature approved in July, would effectively force the closure of about a third of the state’s 32 abortion clinics — some the only facility within hundreds of miles where women can get an abortion. Abortion rights supporters argued most hospitals will not grant abortion doctors admitting privileges for religious, business or competitive reasons.
Abbott said he expected the case to reach the U.S. Supreme Court.
