The biggest news in abortion access this week comes from Texas, where parts of one of the most restrictive abortion laws in the nation–part of the bill that the now legendary Wendy Davis filibustered against this summer–was blocked by a federal judge. This is good news for feminist activism, a social movement whose presence in Texas has been instrumental in bringing national attention to the restrictive laws in this state. However, it is important for supporters of abortion access to fully understand the content of this law and the ways in which this ruling is not fully a win.
U.S. District Judge Lee Yeakel’s decision blocked an aspect of the law which required admitting privileges for all physicians who perform abortions. The judgement seems to be based off the precedent made by the 1973 Roe vs. Wade decision, which upheld the constitutional right to abortion under the Fourteenth amendment’s right to privacy, and the 1992 Planned Parenthood vs. Casey decision, which established an undue burden clause, indicating that abortion restrictions which place an “undue burden” on those seeking abortion is unconstitutional. Referencing today’s ruling in Texas, Judge Yeakel ruled that Texas’s law “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 [emphasis mine.]“
Despite the block against the restriction targeting admitting privileges, other extremely harmful aspects of the abortion law in Texas will go into affect over the next week. This include a ban on all abortions after 20 weeks, (even those performed to protect the life and health of the uterus-owner) as well as a provision stating that after October 2014, all abortions must take place in “surgical facilities”. Judge Yeakel also did not block a provision which requires that medication abortions be prescribed according to FDA protocol– a restriction that sounds “sensible,” but actually limits the ability for qualified physicians to do their jobs to the best of their abilities.
The Texas fight against abortion restriction is drawing national attention, and it is important for supporters of abortion access to realize this fight for what it is. This is the new battleground for abortion access– bills which seek to challenge PP v. Casey and the “undue burden” clause, bills which blatantly disregard the right to privacy established under Roe vs. Wade, and the growing constant need to push back against restrictive legislative measures rather than fighting forwards for economic justice, abortion funding, and healthcare for everyone.