AUSTIN — Testimony was concluded in federal court Tuesday as abortion providers seek to halt a new Texas law from going into effect next week.
U.S. District Judge Lee Yeakel will give each side an hour for closing arguments Wednesday, with the abortion providers bearing the burden on the case.
“What I want is focused argument on this statute and why it lives or dies under the law as it exists at this time,” Yeakel said.
Yeakel has said he expects his ruling to be appealed no matter what he decides and perhaps to end up at the U.S. Supreme Court.
The lawsuit focuses on two new mandates in the law, scheduled to take effect next Tuesday, which would make doctors use older protocols for administering abortion pills and gain admitting privileges at a hospital within 30 miles of their clinics.
Lawyers for the state have argued that the new law will protect women’s health and the lives of fetuses by trying to persuade women to “opt for childbirth.”
Opposing lawyers have said the statute would harm women’s health by forcing doctors away from using best practices in administering abortion pills. They also argued that the state is allowing hospital boards to shutter clinics merely by refusing admitting privileges to their facilities.
Whole Women’s Health, one of the abortion providers suing the state, has five abortion facilities across Texas. Andrea Ferrigno, corporate vice president of the organization, testified Tuesday that she has been trying to secure admitting privileges for eight of their 11 physicians since before the law passed in July.
Ferrigno said she approached 32 hospitals near the five locations. So far, none of the physicians have been granted or denied privileges.
While each hospital has its own specifications, many require physicians to have board certifications, meet certain residency requirements and log a minimum number of surgical or gynecological procedures over a period of time.
Two physicians at Whole Woman’s Health’s Austin location already have admitting privileges, as does one physician in Beaumont. However, if the law goes into effect next week, clinics in San Antonio, McAllen and Fort Worth will not be able to perform procedures.
The Austin office would also have to reduce the number of abortions it performs since only some of the practicing physicians have privileges.
choppe@dallasnews.com;
bmartin@dallasnews.com
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