Fifth Circuit Court of Appeals

Fifth Circuit Upholds Extreme Abortion Restrictions in Texas

On Tuesday the Fifth Circuit federal appeals court upheld most of Texas’ stringent anti-abortion law, which could leave as few as seven clinics open in the nation’s second largest state. The U.S. Supreme Court temporarily blocked these restrictions in October; however, the Fifth Circuit’s ruling allows the law to stand, ushering in a likely wave of clinic closings for the Lone Star State.

The Associated Press explains how the law works:

 The decision by the 5th U.S. Circuit Court of Appeals allows Texas to enforce Republican-backed restrictions that require abortion clinics to meet hospital-level operating standards, a checklist that includes rules on minimum room sizes, staffing levels and air ventilation systems.

This decision represents an endorsement of a long series of right-wing initiatives to chip away at the rights protected by Roe v. Wade. By pushing unnecessary laws targeting abortion facilities, the Right can mandate costly renovations that create a needless economic strain on clinics. For example, the Texas law requires abortion clinics to abide by the same standards as hospital surgical centers, despite the fact that many clinics solely provide medical abortions, which do not involve surgery. The Supreme Court has said that states may not pass laws with the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion. But the court yesterday turned a blind eye to the obvious in order to further the Right’s anti-choice agenda.

A panel of three judges, all appointed by George W. Bush, delivered the decision, which will force facilities across the state to shut their doors and leave women hundreds of miles away from a licensed abortion provider. Verdicts from the ultra-conservative Fifth Circuit bench, like the decision in October letting Texas enforce strict voter ID laws, highlight the importance of who sits on our nation’s courts.  Although Fifth Circuit has two longstanding vacancies, Republican obstruction has prevented the filling of these seats. Tuesday’s decision further exemplifies the critical need for fair and just courts, particularly as right-wing legislators continue their relentless attack on the rights established by Roe.

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