A portion of new abortion law found 'unconstitutional' by court

Dallas Morning News:

A federal judge struck down key elements of Texas’ new abortion law Monday, heeding opponents’ warning that the provisions would force a third of the state’s abortion clinics to close and deny women access to the procedure.

U.S. District Judge Lee Yeakel found that a provision due to go into effect Tuesday, requiring doctors to have hospital admitting privileges before performing abortions, was an unconstitutional burden that had no legitimate medical purpose.

And he partially struck down a second provision that restricts the use of abortion pills, saying doctors can disregard state mandates to protect a patient’s health.

Attorney General Greg Abbott, the leading Republican candidate for governor, announced an immediate appeal to the conservative 5th U.S. Circuit Court of Appeals. But as a strong opponent of abortion, Abbott added, “I have no doubt that this case is going all the way to the United States Supreme Court.”

Texas’ new law, which includes a ban on abortion after 20 weeks of pregnancy that was not part of the lawsuit and takes effect Tuesday, is similar to abortion measures already on appeal in a half-dozen states.
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I think Judge Yeakel is wrong about the medical purpose of admitting privileges and the mandates on the use of abortion pills.  I think Attorney General Abbott has a good chance on appeal at restoring the sections Yeakel did not like.  But the meat of the bill was the late berm ban on abortion that has strong political support.  It is not surprising that the Planned Parenthood folks would be reluctant to attack that ban.