A three-judge panel of the United States Court of Appeals for the Fifth Circuit has dealt a grievous blow to the reproductive health and rights of Texas women. On Thursday, the court allowed Texas, pending the court's final resolution of the case, to enforce a provision in the state's new abortion law that requires doctors who perform the procedure to have admitting privileges at a nearby hospital. As a result, a third of the state's 36 licensed abortion clinics have stopped providing abortions.
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Just three days earlier, a federal district judge quite correctly rejected the provision as unconstitutional, finding that the admitting privileges rule serves no medical purpose and "places a substantial obstacle in the path of a woman seeking an abortion." The judge issued an injunction blocking the provision, and the state appealed that ruling immediately.
The appellate panel acknowledged that the provision "may increase the cost of accessing an abortion provider and decrease the number of physicians available to perform abortions." But ignoring voluminous evidence, its ruling accepted the phony claim that the rule advances medical safety and mischaracterized the burden the requirement places on women seeking safe and legal abortion care in much of the state. It wrongly described the limitation as a permissible "incidental effect" that was "not designed to strike at the right itself."
In fact, striking at abortion rights is the law's whole purpose, as anyone who followed the raucous proceeding in the Texas Legislature in June when the law was debated surely knows. Abortion rights advocates may ask the United States Supreme Court to stop the enforcement of the hospital affiliation rule while the case moves through the judicial process. The justices should be ready to grant their request.
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