Nyla Munoz performs a sonogram for a walk-in patient at the Whole Women's Health Clinic in McAllen, Texas. Jennifer Whitney/The New York Times (JENNIFER WHITNEY/The New York Times)
AUSTIN–Over a dozen abortion clinics will be forced to close immediately as Texas’ strict new abortion law is allowed to take effect in full following a federal appeals court ruling.
A three judge panel of the U.S. 5th Circuit Court of Appeals said Thursday that it will allow the law to take effect for the duration of the trial over its constitutionality.
“This decision is a vindication of the careful deliberation by the Texas Legislature to craft a law to protect the health and safety of Texas women,” said Attorney General spokeswoman Lauren Bean.
District Judge Lee Yeakel struck down two portions of the law last month requiring doctors to have admitting privileges at a nearby hospital and requiring facilities to meet hospital-like building standards, stating that together they create an unconstitutional obstacle for women seeking abortions in the state.
This is the second challenge of a 2013 law that also bans abortion after 20 weeks and limits the use of abortion-inducing pills.
Texas abortion providers had already challenged the admitting privileges requirement in federal court last September. Yeakel tried that case as well and struck down the requirement, but a 5th Circuit panel reversed his decision in March. The plaintiffs have requested a rehearing by the full court.
Currently, eight abortion clinics in Texas meet both requirements, and they are all located in the Houston, San Antonio, Dallas-Fort Worth and Austin metropolitan areas. No clinics will remain open west or south of San Antonio.
The 5th Circuit panel made one exception, Reproductive Services, an El Paso clinic, will not be required to meet the surgical center physical requirements for the duration of the trial. It will, however, have to meet the admitting privileges requirement.
The distance from McAllen, in South Texas, to the nearest clinic in San Antonio is over 230 miles one-way, and the trip from El Paso is over 550 miles. The 5th Circuit panel will have to decide if the driving distances create a significant obstacle for women.
“Today the Fifth Circuit Court of Appeals ruled on the side of politics NOT women’s health,” said Amy Hagstrom Miller, CEO of Whole Woman’s Health and one of the plaintiffs in the case. “And what we have been fearing is now official: Texas faces a health care crisis, brought on by its own legislators.”
Experts testifying on behalf of abortion providers estimated that it could cost from $1-3.5 million to build or renovate a clinic that meets the same facility standards as an outpatient surgery center, which would include specific ventilation and sterilization systems, blood supplies, and hall and doorway sizes.
Supporters of the law have argued that the new requirements will decrease the risk of complications for abortion patients.