A U-S district judge has stopped the implementation of two provisions of Texas House Bill #2 opposed by abortion providers saying that they could put an undue burden on women and are therefore unconstitutional.
He said that the bill which stipulates that doctors performing abortions have admitting privileges at a hospital within 30 miles of the abortion facility “places a substantial obstacle in the path of a woman seeking an abortion of a non-viable fetus and is thus an undue burden to her.”
He also said that a second provision which requires women to adhere to a federally-appoved procedure for drug-induced abortion–instead of a commonly utilized evidence-based procedure–would not impose an undue burden on women wanting abortions. He said, however, it would not be constitutional for the state to prevent a woman from having such an abortion if it was safer for the woman in a doctor’s “appropriate medical judgment.”
Texas Attorney General Greg Abbott has filed an appeal with th 5th Circuit Court of Appeals in New Orleans.