The Center for Reproductive Rights, Planned Parenthood Federation of America, the American Civil Liberties Union (ACLU), and the ACLU of Texas filed a petition last week asking the full US Court of Appeals for the Fifth Circuit to reexamine the constitutionality of the admitting privileges requirement contained in HB2, Texas’ omnibus anti-abortion bill.
“We’re asking the court to acknowledge what is crystal clear–this law hurts women,” said Louise Melling, ACLU deputy legal director. “Because of this law, women are being forced to choose between putting food on the table and traveling hundreds of miles to get the care they need. This law does absolutely nothing to further patient safety.”
At least 19 abortion clinics in Texas have closed since the admitting privileges requirement went into effect, making it increasingly difficult for Texans to access quality, affordable care when they want an abortion. Many cannot afford to take off work and travel to the nearest abortion clinic, which may be hours away. This difficulty may push women to use illegal products and services that are dangerous to their health.
HB2 passed the legislature last summer in a special legislative session called by Texas Governor Rick Perry (R) after Texas State Senator Wendy Davis (D) successfully led a filibuster of the bill for 12 hours. A federal district court originally struck down the admitting privileges requirement of the bill as unconstitutional. A Fifth Circuit panel, however, blocked that decision – after an emergency appeal by Texas Attorney General Greg Abbott – allowing the law to go into effect. Providers and advocates filed an emergency petition with the US Supreme Court, but it refused to intervene. Later, the Fifth Circuit panel issued a final decision to uphold the requirement. Last week’s filing now asks the full Fifth Circuit Court of Appeals to reconsider the case.
In addition to the admitting privileges requirement, HB2 also bans abortion at 20 weeks, restricts medication abortion, and mandates that facilities where abortion is performed meet the same standards as ambulatory surgical centers. Several other state legislatures are working to restrict abortion access using similar laws.
Media Resources: Center for Reproductive Rights 4/10/14; RH Reality Check 4/10/15; Feminist Newswire 10/29/13, 11/1/13, 11/5/13, 11/27/13, 3/10/14, 3/28/14