AUSTIN, Texas — After a summer filibuster only managed to temporarily delay passage of tough new Texas abortion restrictions, advocacy groups turned to a federal judge Monday in their latest attempt to derail the law before it takes effect next week.
Planned Parenthood and other abortion rights organizations have sued to block key portions a new law that threw the Legislature into chaos before it was approved.
Beginning Oct. 29, it requires abortion doctors to have admitting privileges within 30 miles of the clinic, that they follow strict instructions for pill-induced medical abortions and only perform abortions after 20 weeks of pregnancy if health of the mother is in danger or the fetus is not viable.
The law passed the GOP-controlled Legislature despite marathon speech in June by Democratic Rep. Wendy Davis, who is now running for governor and amid massive protests on both sides of the issue at the state Capitol.
Austin-based U.S. District Judge Lee Yeakel has been asked to delay enforcement of the admitting privileges rule and medical-abortion restrictions. Federal judges in other states have found problems with similar provisions. If Yeakel finds the law unconstitutional, though, Attorney General Greg Abbott - a Republican also running for governor - will appeal that decision to the conservative New Orleans-based court.
"The abortion issue is a big issue in this country and it's a divisive issue," Yeakel said. But he added that he's only interested if Texas' new law is constitutional: "This court is not to rule on whether women should be allowed to have abortions ... or my personal beliefs."
In opening statements, Texas Solicitor General Jonathan Mitchell defended the law, saying it not only protects mothers but also "fetal life."
That's an important distinction because, while the law's authors have long said they'd like to ban abortion completely statewide, they also insisted the issue was the safety of Texas women - not only ideological or religious objections to abortion.
Starting next October, the law further requires all abortions take place in an ambulatory surgical center - a mandate that could leave only a handful of clinics open in the nation's second most populous state. But that portion hasn't been challenged legally since it won't come begin until 2014. Also not included in the suit is the 20-week ban since the vast majority of abortions are performed prior to that threshold.
Mitchell said statute "allows the state to impose such restrictions as long as it does not impose an undue burden on the patient" and that those suing have no evidence it will adversely affect women getting abortions.
Attorneys for Planned Parenthood offered no opening statement but called witnesses they said can show how the admitting privileges and new rules on medical abortion are harmful to women and could force many clinics around the state to close. An emergency room physician from Houston, Dr. Jennifer Carnell, said requiring hospital admitting privileges would not improve the care women undergoing abortions receive - even for those who have medical complications that require urgent hospitalization.
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