Federal Courts Block TRAP Laws in Texas and Louisiana
The Labor Day weekend marked two major victories in the battle for reproductive justice in Texas and Louisiana.
On Friday, U.S. District Judge Lee Yeakel blocked two provisions of Texas's omnibus anti-abortion law HB 2. In a scathing 21-page opinion, Judge Yeakel wrote that the law's requirement that abortion clinics meet the same building requirements as ambulatory surgical centers (ASC) created an "unconstitutional undue burden on women throughout Texas" and could not stand. Judge Yeakel also found that the law's admitting privileges requirement was unconstitutional as applied to two clinics in McAllen, located in the Rio Grande Valley, and El Paso.
This is the second time that Judge Yeakel has ruled against the admitting privileges requirement. The first case challenged the admitting privileges requirement as it applied to all clinics in the state - not just to the Rio Grande and El Paso clinics. Judge Yeakel struck down the requirement last year, but a three-judge panel of the Fifth Circuit upheld the law. The plaintiffs in that case have asked the full appeals court to rehear the case.
HB 2 has already led to the closure of about half of Texas's 20 abortion clinics. Had the ASC requirement gone into effect, as planned, on September 1, most of the state's remaining clinics would have been forced to close leaving no more than eight facilities.
"That the State suggests that these seven or eight providers could meet the demand of the entire state stretches credulity," Judge Yeakel wrote. "The ambulatory surgical requirement, combined with the already in-effect admitting-privileges requirement, creates a brutally effective system of abortion regulation that reduces access to abortion clinics thereby creating a statewide burden for substantial numbers of Texas women. The obstacles created for these women are more significant than the 'incidental effect of making it more difficult or more expensive to procure an abortion."
Judge Yeakel detailed that the burden created by the law could not be reduced merely to increased travel distances to the state's remaining clinics. Instead, he viewed clinic closures in a broader context, writing that "increased travel distances combine with practical concerns unique to every woman." He continued, "These practical concerns include lack of availability of child care, unreliability of transportation, unavailability of appointments at abortion facilities, unavailability of time off from work, immigration status and inability to pass border checkpoints, poverty level, the time and expense involved in traveling long distances," as well as other challenges. He concluded that "the clinics' closure statewide would operate for a significant number of women in Texas just as drastically as a complete ban on abortion."
Judge Yeakel said that the evidence presented by Texas Attorney General Greg Abbott to substantiate the need for an ASC requirement in emergency situations were weak in the face of opposing evidence that such complications are exceedingly rare in Texas, nationwide, and specifically with respect to the Plaintiff abortion providers.
Following the ruling, Whole Woman's Health, one of the Plaintiffs in the case, issued a statement that its clinic in McAllen, which has been shutdown in March, had reopened as a result of Judge Yeakel's ruling. The statement also noted that Whole Woman's Health of Fort Worth and Whole Woman's Health of San Antonio would stay open now that the ASC requirement had been struck down.
On the heels of the Texas decision, Federal District Court Judge John W. deGravelles on Sunday granted abortion providers temporary relief from Louisiana state law HB 388, which requires doctors performing abortions to obtain admitting privileges at local hospitals. The Center for Reproductive Rights is challenging HB 388 on behalf of Louisiana's five clinics. Judge deGravelles's decision means that the law cannot be enforced pending the final outcome of the case.
11/21/2014 Fifth Circuit Court Refuses to Reconsider Ruling Blocking Mississippi TRAP Law - The full US Court of Appeals for the Fifth Circuit on Thursday refused to reconsider a panel decision blocking enforcement of a Mississippi law that threatened to close the last remaining abortion clinic in the state.
In July, a panel of the Fifth Circuit Court of Appeals upheld a preliminary injunction against a Mississippi TRAP (Targeted Regulation of Abortion Providers) law requiring abortion providers to obtain admitting privileges at local hospitals. . . .