"The Texas law, passed by the Legislature in July, requires doctors who provide abortions to have admitting privileges at a hospital within 30 miles of the facility where the procedure is performed, among other new rules.This is about respecting voters and their elected leaders. I'm glad that this appeals court killed this latest case of judicial activism.
In September, a coalition of abortion rights groups, including Planned Parenthood, the American Civil Liberties Union and the Center for Reproductive Rights as well as clinics and doctors sued to stop the law. On Monday, Judge Lee Yeakel of United States District Court in Austin blocked enforcement of the law’s requirement of physician-admitting privileges, saying it is “without a rational basis and places a substantial obstacle in the path of a woman seeking an abortion.”
On Thursday, three judges on the Court of Appeals for the Fifth Circuit, in New Orleans — Priscilla R. Owen, Jennifer Walker Elrod and Catharina Haynes — allowed enforcement to begin. A 20-page opinion stated there was “a substantial likelihood that the state will prevail,” and that Planned Parenthood and the other plaintiffs had not proved that the restrictions would place an “undue burden” on women seeking abortions. All three appeals court judges were appointed by President George W. Bush, as was Judge Yeakel.
Gov. Rick Perry of Texas praised the ruling, saying that it “affirms our right to protect both the unborn and the health of the women of Texas.”"
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