Rare News Desk
Like we didn’t know this was coming:
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A federal judge struck down key parts of a new Texas abortion law, considered among the most restrictive in the country, on Monday, one day before they were scheduled to take effect.
The lawsuit — filed in U.S. District Court in Austin by Planned Parenthood on behalf of more than a dozen women’s health care providers across Texas — alleged the law violates the constitutional rights of women and puts unreasonable demands on doctors who perform abortions.
The lawsuit specifically targets requirements under the new law that doctors obtain admitting privileges at a hospital within 30 miles of the clinic at which they’re providing abortion services, and usage controls on RU486, a drug that induces abortions.
(It’s important to note that the “20 week rule” banning abortions after 20 weeks survived the Federal ruling and will take effect on Tuesday.)
Okay, fine. Just like every other conservative-backed law that’s passed in Texas, this one will be slapped around in the courts.
In its opinion, the District Court held that the admitting privileges portion of the new law dies not bear a “rational relationship” to the legitimate right of the state to promote fetal life and women’s health, and as such places a “substantial obstacle” in the path of a woman seeking an abortion of a nonviable fetus. He’s using the infamous “undue burden” standard that has been applied to laws concerning informed consent (remember those pesky transvaginal sonograms?, waiting periods, parental consent, and spousal consent.
The problem with automatically lighting this opinion on fire and displaying the ashes as a warning to others is that there’s no “on-point” case to apply to Texas’ new abortion laws. In Planned Parenthood v. Casey, the Supreme Court said that a statute will not impose an undue burden simply because it has the incidental effect of making it more difficult or more expensive to obtain an abortion pre-viability; however, the Court has also struck down other regulations regarding who can perform the procedure where, without using the undue burden standard.
This fight is so, so important. The upcoming briefs, arguments, and commentary concerning this lawsuit are going to be some of the most visible of the year, so I beg you–if you’re going to open your mouth about it, make the argument. The progressives leading the charge against these new laws are very, very good at hyperbole and rhetoric–let them have it. If you really want to make a difference, educate yourself and make yourself able to explain why the laws passed by the Texas Legislature are valid and should be enforced.
If you’re going to be here, be here. If you’re going to fight, fight for more than just the Next Great Soundbite©. Tiny babies are worth the effort!
Amy Miller is a contributor to Rare. Follow her on Twitter @AmyVRWC.
