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Protesters rally in the rotunda of the State Capitol as the state Senate meets to consider legislation restricting abortion rights in Austin, Texas July 12, 2013. REUTERS/Mike Stone
Women's healthcare providers in Texas have at least a temporary reprieve from the worst provision of HB 2, the law intended to shutter most of the abortion clinics in Texas. The law that launched Wendy Davis's bid for governor. A federal judge in Austin has struck down the provision of the law that requires that every abortion clinic meet the state's standards for the building, equipment and staffing for hospital-style surgery centers.
The rule "is unconstitutional because it imposes an undue burden on the right of women throughout Texas to seek a pre-viability abortion," he wrote. […]

Over all, he concluded, with the new closings that would have been forced by the surgery-center rule, many more women would be hours from a clinic. "Even if the remaining clinics could meet the demand," he wrote, the impact, between long travel times and other practical impediments many women face, would be as drastic as "a complete ban on abortion."

Judge Yeakel wrote, "The great weight of the evidence demonstrates that, before the act's passage, abortion in Texas was extremely safe, with particularly low rates of serious complications and virtually no deaths."

In his ruling, Yeakel also reinstated a block on another provision of the law that requires providers have admitting privileges in a hospital no more than 30 miles from the facility for two clinics, in El Paso and McAllen, in the Rio Grande Valley. Yeakel wrote that "Even if the remaining clinics could meet the demand," the burden of travel time to those clinics as well as the practical difficulties having to travel for healthcare amounted to the equivalent of an unconstitutional "complete ban on abortion."

Davis's opponent, attorney general Greg Abbott, will appeal the decision at the first opportunity with the Fifth Circuit, the court that has reversed previous decisions overturning the Texas law. All of the clinics that were slated to close as of Monday won't have to, so far. Yeakel's ruling could be stayed by the Fifth Circuit, pending a hearing.

Please help the women of Texas by helping Wendy Davis take the governor's seat.

Originally posted to Joan McCarter on Sat Aug 30, 2014 at 08:59 AM PDT.

Also republished by TexKos-Messing with Texas with Nothing but Love for Texans and Daily Kos.

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Comment Preferences

  •  Tip Jar (31+ / 0-)

    "The NSA’s capability at any time could be turned around on the American people, and no American would have any privacy left, such is the capability to monitor everything. [...] There would be no place to hide."--Frank Church

    by Joan McCarter on Sat Aug 30, 2014 at 08:59:26 AM PDT

  •  I was on the board of directors, OKC, (20+ / 0-)

    in the 60s. Planned Parenthood. I can't believe we're still fighting for the right to control our own bodies. It is disgusting and completely political. Perry no more cares whether or not his neighbor's daughter has an abortion than he cares if I drink water or milk. He is pandering to a crazy bunch of people who want to control everything we do. Staying in office and power drives this entire fucking scenario.

    Small end of rant. I'm sure I'll think of more later.

    "When it's over, I want to say: all my life I was a bride married to amazement." Mary Oliver

    by weezilgirl on Sat Aug 30, 2014 at 09:07:36 AM PDT

    •  The Confederacy is a stupid country. (5+ / 0-)

      That's why states like FloriDerp and TexAss can't have nice things, because stupid people vote in jackoffs who then go on to use their public office to enrich their own bank accounts (Or those of family members, such as in Rick Perry's case) via stupid, nonsensical and unnecessary laws like Texas' SB2 or drug testing for those on public assistance.

      I write a series called 'My Life as an Aspie', documenting my experiences before and after my A.S. diagnosis as a way to help fellow Aspies and parents of Aspies and spread awareness. If I help just one person by doing this, then I've served a purpose.

      by Homer177 on Sat Aug 30, 2014 at 09:35:47 AM PDT

      [ Parent ]

      •  honestly (2+ / 0-)
        Recommended by:
        grubber, moiv

        It is easy to pick on the South.  That is why Ohio and the Midwest has had the freedom to enact laws that restrict the right to vote, the rights of women, and all the right in general. It is why the drug problem it allowed to escalete in Vermont.  After all those are civilized white people who are just being tricked by doctors into becoming addicted.  It has nothing to do the free availability of guns, the fact that the ratio or gun shops to people is only matched by places like Las Cruces, and those guns are being traded for drugs to dealers from as far away as Chicago.  No, those people would never do that.  They are good people. Unlike the dumb people in the south.

        Texas has a women health clinic for about every few hundred thousand women.  If the law remains upheld it will continue to be so.  That is a good match for the rest of the country.

        She was a fool, and so am I, and so is anyone who thinks he sees what God is doing. -Kurt Vonnegut Life is serious but we don't have to be - me

        by lowt on Sat Aug 30, 2014 at 11:08:15 AM PDT

        [ Parent ]

      •  "Idiocracy"... (0+ / 0-) I right?? -_-

    •  Barry Goldwater's wife, Peggy, helped ... (4+ / 0-)
      Recommended by:
      weezilgirl, Mr MadAsHell, SGA, bonch

      found the Planned Parenthood center in Phoenix! What the hell is wrong with the modern Republican Party!  I know - the #@$% Southern Strategy, Nixon's worse legacy.  

    •  My dear, don't you realize what's REALLY going on? (3+ / 0-)
      Recommended by:
      weezilgirl, bull8807, SGA

      They (the {im}Moral M{inority}ajority and the RepubliMoron party) are trying to shove you pesky wimmins back where y'all belong: barefoot, pregnant, in the kitchen, preferably with removed voiceboxes. That way they can have all sorts of fun banging any female they want, without that niggling little worry about "God", rape, and child molestation getting in the way of their fun.

      It's plenty disgusting, especially how hard they lean on the moldy old book of Jewish fairy tales--they sound like Islamists with their whole "convert or die" mantra...

      •  The cure for my Republican (1+ / 0-)
        Recommended by:

        induced headache is listening to Willie's album "Phases and Stages". Progressive sweetheart that he is. Never will forget him kissing Charlie Pride onstage one night. Showed that tight-assed audience.

        "When it's over, I want to say: all my life I was a bride married to amazement." Mary Oliver

        by weezilgirl on Sat Aug 30, 2014 at 01:24:29 PM PDT

        [ Parent ]

  •  Tipped & reced (1+ / 0-)
    Recommended by:

    I voted Tuesday, May 6, 2014 because it is my right, my responsibility and because my parents moved from Alabama to Ohio to vote. Unfortunately, the republicons want to turn Ohio into Alabama.

    by a2nite on Sat Aug 30, 2014 at 09:32:29 AM PDT

  •  Abbott not Abbot (7+ / 0-)

    Also note that the Judge is a Republican who got the gig from George W Bush.

    "It's the (expletive) 21st century man. Get over it." - David Ortiz

    by grubber on Sat Aug 30, 2014 at 09:39:23 AM PDT

  •  maybe Davis will use this ruling to put a little (2+ / 0-)
    Recommended by:
    Nicci August, moiv

    Oomph in her campaign. It has been pretty quiet so far, and time is running out to get people excited enough to get out and vote.

    Today's problems are yesterday's solutions. Don Beck

    by Sherri in TX on Sat Aug 30, 2014 at 09:46:04 AM PDT

  •  On a sadder note, one of the three remaining (1+ / 0-)
    Recommended by:

    clinics in Columbus is unexpectedly closing - "voluntarily" they say...

    A Columbus clinic will no longer offer surgical abortions, reducing the number of abortion providers across Ohio to eight.

    [Blam] [Blam] "Get on the ground!" [Whack] [Whack] "Stop Resisting!"

    by here4tehbeer on Sat Aug 30, 2014 at 09:58:48 AM PDT

  •  The last two Democratic presidencies have (0+ / 0-)

    barely made a dent in the composition of the 5th Circuit.  It's got 4 Reagan appointees, 2 Clinton, 6 G.W. Bush, and 3 Obama (with a further two vacancies).  Compared to the other major appeals courts, it's the most notable GOP-dominated one.

  •  The Fifth Circuit itself has two different... (5+ / 0-)

    ...decisions on admitting privileges, by two different three-judge panels. This is all going to have to be cleaned up by the Supreme Court. I tremble at what that clean-up ruling may be.

    Don't tell me what you believe, show me what you do and I will tell you what you believe.

    by Meteor Blades on Sat Aug 30, 2014 at 10:01:58 AM PDT

    •  Lots of other folks are trembling, too (0+ / 0-)

      and a close reading of everything from the NYT to SCOTUSblog over the last few months reveals an understandable reluctance to dance with disaster. Should the Supreme Court uphold any of the various TRAP statutes enacted in Fifth Circuit states, vast areas of the country stand to lose the protection previously bestowed by more enlightened rulings from their respective circuit courts of appeal.

      And since any decision for a Supreme Court appeal is not likely to be made by the plaintiffs themselves, I, for one, will be not at all surprised if that just isn't allowed to happen.

      "Texas is going to shrink government until it fits into a woman's uterus." -- Texas State Sen. Leticia Van de Putte

      by moiv on Sat Aug 30, 2014 at 10:38:04 PM PDT

      [ Parent ]

  •  Texas women are on the move and things will not (0+ / 0-)

    be the same as the GOP, Koch-Tea Baggers will learn because they are not merely stuck in the past, they are blocking the healthy growth and development of over 50% of the population of Texas: it's women.

  •  Common sense and... (0+ / 0-)

    basic human decency have prevailed in Texas...
    (For the time being at least).
    Hopefully Wendy Davis, and other democrats will be able to parlay this victory into major wins in November.

    "These 'Yet To Be' United States" --James Baldwin-- -6.75, -5.78

    by kevinbr38 on Sat Aug 30, 2014 at 10:03:37 AM PDT

  •  Good news (0+ / 0-)

    Could the statements of lawmakers come into play in cases like these? I have little doubt there are quotes indicating that the intent of this law is to effectively ban abortion.

    There's a difference between a responsible gun owner and one that's been lucky so far.

    by BeerNotWar on Sat Aug 30, 2014 at 10:10:36 AM PDT

  •  Interested in helping Women turn a red state blue? (0+ / 0-)

    Please go to the Women for Kansas Convention live blog and rec it up to give this more visability.

    Sorry for the threadjack, even though it's for a related cause.

    Back to helping Texas women now...



    Words can sometimes, in moments of grace, attain the quality of deeds. --Elie Wiesel

    by a gilas girl on Sat Aug 30, 2014 at 10:18:32 AM PDT

  •   (1+ / 0-)
    Recommended by:

    The damage to the infrastructure here (I'm in Texas) has already been severe.

  •  I've already donated to Wendy Davis - (0+ / 0-)

    even though I'm in New Mexico.  This is a very important race.  I think I will also donate to senatorial races in Georgia, Kentucky, Colorado, and Minnesota. I have already also donated to Tom Udall, even though I don't think that he is actually threatened.

    We have got to keep the Senate, although the votes are going to be so close whoever wins that nothing will get done for another two years.  But the chairperson positions need to be in Democratic hands.  SO VOTE!

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