Texas Insider Report: AUSTIN, Texas – This afternoon the federal Fifth Circuit Court of Appeals in New Orleans temporarily overruled the order of the lower court in Austin that prevented HB 2 from fully going into effect. HB 2 is the pro-life bill passed by the Texas Legislature and signed into law by Gov. Perry last summer. Federal District Court Judge Lee Yeakel struck down part of HB 2 last Monday. This new ruling represents a huge pro-life victory. The Court temporarily suspended the lower court’s ban on enforcing two key safety provisions of HB 2. Those provisions go into effect immediately. A hearing on the issue will be held in January after which the Court will decide whether to permanently strike down Judge Yeakel’s order.
Two other provisions of HB 2 have not been challenged. The ban on abortions after the fifth month of pregnancy has already gone into effect. The requirement that licensed abortion facilities abide the same safety standards as ambulatory surgical centers goes into effect on September 1, 2014.
The following statement is attributed to Joe Pojman, Ph.D., executive director of Texas Alliance for Life:
We are pleased that the appellate court in New Orleans is allowing the two challenged provisions that increase safety standards at abortion facilities to go into effect. We agree that any abortion doctor should have the ability to treat his or her patient at a local hospital in the event of a serious abortion complication. We also agree that abortion facilities should generally follow the FDA safety protocol and that a physician should be present when the abortion pills are given to a woman.
The Legislature passed the new law by wide margins last summer. While the Supreme Court prohibits state legislatures from banning most abortions, states should have the right to protect women from dangerous abortion procedures. That is what the 5th Circuit has allowed Texas to do.
A great deal of credit goes to the author and sponsor of HB 2, Rep. Jodie Laubenberg (R-Parker) and Sen. Glenn Hegar (R-Katy), who drafted strong language. Texas Attorney General Greg Abbott and his legal team have done a magnificent job of defending the law.
