A federal appeals court issued a ruling Thursday reinstating most of Texas' controversial new abortions restrictions, just three days after a federal judge ruled they were unconstitutional.
A panel of judges at the 5th Circuit Court of Appeals in New Orleans said the law requiring doctors to have admitting privileges at a nearby hospital can take effect while a lawsuit challenging the restrictions moves forward. The panel issued the ruling after District Judge Lee Yeakel said the provision serves no medical purpose.
The panel's decision means as least 12 clinics won't be able to perform the procedure starting as soon as Friday. In its 20-page ruling, it acknowledged that the provision "may increase the cost of accessing an abortion provider and decrease the number of physicians available to perform abortions."
However, the panel said that the U.S. Supreme Court has held that having "the incidental effect of making it more difficult or more expensive to procure an abortion cannot be enough to invalidate" a law that serves a valid purpose, "one not designed to strike at the right itself."
The panel left in place a portion of Yeakel's order that prevents the state from enforcing the U.S. Food and Drug Administration protocol for abortion-inducing drugs in cases where the woman is between 50 and 63 days into her pregnancy. Doctors testifying before the court had said such women would be harmed if the protocol were enforced.
