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A federal judge has determined that new Texas abortion restrictions violate the U.S. Constitution, a ruling that keeps open — at least for now — dozens of abortion clinics that were set to halt operations Tuesday had key parts of the law taken effect.
In a decision released Monday that the state is certain to appeal, District Judge Lee Yeakel wrote that the regulations requiring doctors to have admitting privileges at a nearby hospital creates an undue obstacle to women seeking an abortion.
"The admitting-privileges provision of House Bill 2 does not bear a rational relationship to the legitimate right of the state in preserving and promoting fetal life or a woman's health and, in any event, places a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus and is thus an undue burden to her," he wrote.
While Yeakel found that the state could regulate how a doctor prescribes an abortion-inducing pill, he said the law did not allow for a doctor to adjust treatment taken in order to best protect the health of the woman taking it. Therefore he blocked the provision requiring doctors to follow U.S. Food and Drug Administration protocol for the pills in all instances.
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“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
"The admitting-privileges provision of House Bill 2 does not bear a rational relationship to the legitimate right of the state in preserving and promoting fetal life or a woman's health and, in any event, places a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus and is thus an undue burden to her," he wrote.
"The medication abortion provision may not be enforced against any physician who determines, in appropriate medical judgment, to perform the medication-abortion using off-label protocol for the preservation of the life or health of the mother," he wrote.
OrphanApology
reply to post by bjax9er
When the constitution was created, women were not included in any of the amendments. The original constitution was specifically written for white, land owning males. Not sure how your point is in anyway correlated to the current constitution or current federal governments role in various reproductive rights of the now included women.
windword
reply to post by bjax9er
Women have the right to life, liberty and the pursuit of happiness.
windword
reply to post by Nephalim
Except that women couldn't vote, own or inherit property, retain earnings, hold public office or ask for a divorce.
edit on 29-10-2013 by windword because: (no reason given)
Unity_99
It should only be for the first trimester, and that is 12 weeks or less, preferably within 6-8 weeks, and thats pushing it as brain growth is beginning to go on.
Anything else is not only murder, but ritual sacrifice by the luciferean baal serving dark side running the country.
edit on 29-10-2013 by Unity_99 because: (no reason given)
bjax9er
reply to post by windword
"fertilized egg/embryo/fetus"
you mean human being, right?