Federal Judge Strikes Down Two Provisions of Texas Anti-Abortion Law

Federal Judge Strikes Down Two Provisions of Texas Anti-Abortion Law

In a ruling today, U.S. District Judge Lee Yeakel struck down as unconstitutional two provisions of Texas' omnibus anti-abortion bill, House Bill 2 (HB2). Judge Yeakel blocked the requirement—set to take effect on September 1— that all abortions be performed in ambulatory surgical centers (ASCs), or mini-hospitals. He also enjoined the admitting privileges provision of the law, ruling that both medically unnecessary requirements place an undue burden on women seeking abortion in Texas. In the sweeping decision, Judge Yeakel writes:

The clinic closings attributable to the act’s two requirements will undeniably reduce meaningful access to abortion care for women throughout Texas…House Bill 2’s ambulatory-surgical-center requirement burdens Texas women in a way incompatible with the principles of personal freedom and privacy protected by the United State Constitution of the 40 years since Roe v. Wade.

When viewed in the context of the other state-imposed obstacles a woman faces when seeking an abortion in Texas—including a sonogram requirement, a waiting period, the reduced number of abortion-performing physicians resulting from the admitting privilege requirement—the court is firmly convinced that the State has placed unreasonable obstacles in the path of woman’s ability to obtain a previability abortion. These substantial obstacles have reached a tipping point that threatens to “chip away at the private choice shielded by Roe”.

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