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A federal judge Thursday struck down a Texas law that would have banned most abortions, saying such a measure would be as “unconstitutional and unenforceable” as a Texas law restricting abortion access that was declared unconstitutional earlier this year.
U.S. District Judge Lee Yeakel’s decision, which the state sought to overturn as an emergency request for review of a lower court ruling, has the potential to open the door for similar abortion restrictions to be struck down as “unconstitutional, unavailing, and injurious to women’s constitutional rights.” Texas would have been one of more than 40 states if the legislation had been struck down.
“This ruling, along with the decision of the Fifth Circuit, could be an important step in our nationwide effort to end unconstitutionality in Roe v. Wade and subsequent laws,” said the American Civil Liberties Union, which brought the lawsuit.
The law was approved in 2011 by voters as a way to discourage abortion, but was quickly challenged by abortion rights groups, who argued it violated legal abortion access, which includes having an abortion within the first 10 weeks of pregnancy.
Yeakel ruled this week the ban did violate the state constitution, since an abortion is a “pre-fertilization intervention,” meaning it is performed on a fetus before viability – well before the point when a fetus can feel pain or feel the effects of medication – but she stopped short of striking down the law, meaning it will remain in effect for now.
“The Fifth Circuit has correctly recognized that an abortion that is at an earlier stage of pregnancy is not necessarily an earlier step of fetal development,” Yeakel wrote Tuesday in an opinion.
The Fifth Circuit in September rejected a similar Texas law as an “undue burden” on the right to abortion. That challenge was followed within weeks by similar challenges to new restrictions in other states.
Yeakel noted in her opinion Tuesday the U.S. Supreme Court has ruled that abortion restrictions in the past have violated the Constitution, and that the Texas statute “has not met the standard for a ‘restriction on abortion,’ which a majority of courts have found to involve a substantial obstacle.”
Texas Attorney General Ken Paxton said the lawsuit was “wrongly decided” but his office will comply with
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