Appeals court taking up Texas law that's shuttered abortion clinics

[TexasTowelie]

AUSTIN — A new Texas law that has led to the closure of more than one-third of abortion clinics around the state faces its next legal challenge Monday.

A conservative three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans is set to hear a case brought by Planned Parenthood and other abortion rights advocates. But those advocates face a daunting hurdle before the appellate panel, where two of the judges already have issued a preliminary finding in favor of the state.

Whatever the outcome, those on all sides believe the U.S. Supreme Court will ultimately decide the case. Texas stands as the most prominent example of Republican-controlled states enacting strict, novel rules that abortion providers say are designed to drive them out of business. GOP lawmakers have said their goal is to protect the health of women seeking the procedure and to reduce the number of abortions.

At issue are two provisions that took effect in the fall. The first requires that all doctors performing abortions have admitting privileges at nearby hospitals.

More at http://www.dallasnews.com/news/state/headlines/20140105-appeals-court-taking-up-texas-law-that-s-shuttered-abortion-clinics.ece .

[Tx4obama]

1. I wonder...

I wonder if yesterday's news about more doctors gaining hospital privileges is going to affect the case?

Seems like when there were more clinics shut down we would have had a stronger argument to get them all opened up

Here: http://www.democraticunderground.com/107814221

[Gothmog]

2. This is a horrible panel of judges

Edith Jones and two bush appointees are on this panel

[Gothmog]

3. Here is more on this panel of judges

http://www.houstonchronicle.com/news/houston-texas/houston/article/Abortion-foes-like-appeals-panel-5114522.php?t=ea3bc3062c

Little wonder then, that anti-abortion activists erupted with joy last week when that judge - Edith Jones of Houston - was named to the panel that on Monday will hear an appeal of a ruling declaring part of a new Texas abortion law unconstitutional.

The other members of the 5th U.S. Circuit Court of Appeals' three-judge panel for the case - Jennifer Walker Elrod and Catharina Haynes - signed an October opinion predicting the state of Texas would prevail in the case.

"Great news," tweeted John Seago, a lobbyist for Texas Right to Life. "3-Judge Panel to hear #HB2 Appeal in 5th Circuit next wk just announced: Edith Jones, Jennifer Elrod, Catharina Haynes."

[TexasTowelie]

4. Appeals judges grill both sides over Texas abortion law

NEW ORLEANS – Appellate judges on Monday challenged lawyers over provisions of Texas’ new abortion law and whether they have unduly caused the closure of about a dozen abortion clinics.

The three-judge panel of the U.S. 5th Circuit Court of Appeals bore down in particular on the shuttering of the only two abortion clinics in the Rio Grande Valley.

The lack of facilities is now requiring women seeking the procedure to travel about 150 miles to a Corpus Christi clinic.

State Solicitor General Jonathan Mitchell defended the state law, saying the state has a right to regulate medical practices as a way to promote women’s health.
“The law does not impose an undue burden,” he told the court.

More at http://trailblazersblog.dallasnews.com/2014/01/judges-grill-sides-over-texas-abortion-law.html/