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179690422-Text-U-S-District-Judge-Lee-Yeakel-s-ruling-in-Planned-Parenthood-v-Abbott.pdf

179690422-Text-U-S-District-Judge-Lee-Yeakel-s-ruling-in-Planned-Parenthood-v-Abbott.pdf

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Published by Abby Ohlheiser
texas abortion decision
texas abortion decision

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Published by: Abby Ohlheiser on Oct 28, 2013
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10/29/2013

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IN
THEUNITED STATESDISTRICTCOURT
F
I
LE
D
FOR
THE
WESTERN DISTRICT
OF
TEXAS
3j
AUSTIN DIVISION
PLANNEDPARENTHOOD
OF
GREATER
§
TEXASSURGICAL HEALTHSERVICES,
§
PLANNEDPARENTHOODCENTER FOR
§
CHOICE,PLANNED PARENTHOODSEXUAL
§
HEALTHCARE
SERVICES,PLANNED
§
PARENTHOOD WOMEN'SHEALTHCENTER,
§
WHOLE
WOMAN'S
HEALTH,AUSTIN
§
WOMEN'S
HEALTHCENTER KILLEEN
§
HEALTH CENTER,SOUTHWESTERN
§
WOMEN'S
SURGERYCENTER, WEST
SIDE
§
CLINIC, INC.,
ROUTH STREETWOMEN'S
§
CLINIC,
HOUSTONWOMEN'S
CLINIC,
§
EACH
ON
BEHALF
OF
ITSELF,
ITS
PATIENTS
§
ANDPHYSICIANS, ALANBRAID, M.D.,
§
LAMARROBINSON,
M.D.,PAMELA
J.
§
RICHTER, D.O., EACH
ON
BEHALF
OF
§
THEMSELVES AND THEIRPATIENTS,
§
PLAINTIFFS,
§
§
V.
§
§
GREGORYABBOTT, ATTORNEYGENERAL
§
OF
TEXAS; DAVIDLAKEY, M.D.,
§
COMMISSIONER
OF
THETEXAS
§
DEPARTMENT
OF
STATE HEALTH
§
SERVICES; AND
MAM
ROBINSON,
§
EXECUTIVEDIRECTOR
OF
§
THE TEXASMEDICAL BOARD,
§
DEFENDANTS.
§
CLERi
D:
uTrC
WESTERN
DTRCI
OF
TEXASDEPUTY
CAUSE NO. 1:13-CV-862-LY
MEMORANDUM OPINION
INCORPORATING
FINDINGSOF FACT
AND
CONCLUSIONS OF LAW
The SecondCalled
Session
of
the
83rd Texas Legislature
passed "[an
act]
relatingto
the
regulation
of
abortionprocedures,providers, and facilities
[and]
providing penalties." Act
of
July
12,
2013,83rd
Leg., 2d C.S.,
ch.
1,
§
1-12,
2013 Tex. Sess.
Law
Serv.
4795-4802
(to
be codified
atTex.
Health
&
Safety Code
§
171.003
1,
171.041-048, 171.061-064,
&
amending
§
245.010-
Case 1:13-cv-00862-LY Document 96 Filed 10/28/13 Page 1 of 26
 
011; Tex.
0cc.
Codeamending
§SS
164.052
&
164.055)
("House Bill 2" or the "act").
The TexasGovernor
approved the
act, and,
as
pertinent
here,the act
takes effect October
29,
2013.Plaintiffs
Planned Parenthood
of
Greater Texas
Surgical
Health
Services, Plaimed
ParenthoodCenterfor Choice, Planned ParenthoodSexual Healthcare Services, Planned Parenthood
Women's
Health
Center,Whole
Woman's
Health,
Austin
Women's
Health,
Austin Women's Health
Center,Killeen
Women's Health
Center,Southwestern
Women's
Surgery Center, West Side Clinic,
Inc.,
Routh Street
Women's
Clinic,
Houston
Women's
Clinic,
Alan
Braid, M.D., Lamar Robinson,M.D.,and
Pamela
Richter,
D.0.,.
all
providers
of
abortion
services, bring
this action on
behalf
of
themselves, their physicians,
and
theirpatients, complaining that certain provisions
of
the
act should
be
declared
unconstitutional.1
Planned Parenthood
also seeksa
permanentinjunction, enjoining
Gregory Abbott,AttorneyGeneral
of
Texas, David Lakey, M.D.,
Commissioner
of
the Texas
Department
of
State
Health
Services, and
Man
Robinson, Executive Director
of
the Texas MedicalBoard (collectively,the"State"), from enforcing those provisions
of
the
act.2
1
Because the interests
of
Plaintiffs
do
not
diverge, the court will
refer
to
themcollectively
as
"Planned Parenthood."Planned Parenthood
also
originally sued David Escamilla, County Attorney
for Travis
County, Craig Watkins, Criminal District Attorney for Dallas County,Devon Anderson,
District
Attorney for Harris
County,
MatthewPowell, Director
of
the Lubbock County Criminal
DistrictAttorney's
Office,
James
E.
Nichols, County Attorneyfor
Bell County, Joe Shannon, Jr.,
CriminalDistrict Attorney for Tarrant County,René Guerra, Criminal District Attorney for HidalgoCounty,Susan
D.
Reed, Criminal District Attorney for
Bexar
County,
Abelino
Reyna,
CriminalDistrictAttorney for
El
Paso County, and JaimeEsparza, District Attorney for
El
Paso County,each in theirofficialcapacities,
as
well
as
their
employees, agents, and successors,seeking the same
injunction
relief
as
against the
State.
Upon the stipulation
of
theparties, the court dismissed these Defendants.
Planned Parenthood
of
Greater
Tex.
SurgicalHealth
Servs.
v.
Abbott, No.
1-13
CV862-LY
(W.D.Tex.
Oct.
18,
2013).
2
Case 1:13-cv-00862-LY Document 96 Filed 10/28/13 Page 2 of 26
 
Planned Parenthood assertsthat two provisions
of
the
act fail
constitutional reviewandmust
be
held
unenforceablethose
that mandate that a
physician performingor inducing an
abortion"must,on
the date the
abortion
is
performed
or
induced,have active admitting privileges
at a
hospitalthat
is
not further than
30
miles fromthe location
of
the
abortion" andthose that place restrictionsonmedication abortions.
Today
there
is
noissue
that divides thepeople
of
this country
more
than
abortion.
It is
themost divisive issue
to face
thiscountry since
slavery.
Whencompared with the
intensity,emotion,and
depth
of
feelingexpressed with regard
to
abortion, the recent arguments
on
affordablehealthcare, increasingthe debt
ceiling, and closingthe
government retreat
tonear
oblivion.Sincereand caring persons
of
good will
are
found on
both
sides
of
he
issue,
but
neither
side willever changethe
position
of
the
other.
Legislaturesand courts will continue
to be
confounded
by the
issue fortheforeseeable future.No ruling
of
hiscourtwill
sway
the opinion regarding abortionheld
by anyone.And, indeed,
that
is
not the
role
of
this court.
The
courtmay not and will not decidewhether thereshould
be
abortionsin
Texas. This
court
is
charged only with determiningwhethercertainprovisions
of
House Bill
2
are
consistent with the Constitution
of
the United
States underexistingSupreme Court precedent.Although the Texas Legislature
passed
House Bill
2
July
12
and had
debated
theact at lengthduring the
legislature's
FirstCalled Session, thusmaking the
act's
provisions well
known,
PlannedParenthood waited until September
26
to challenge the
act.
Dueto the importance
of
the issuesandthe public interest in the
act, and
because the challengedprovisions
of
House Bill
2
take effectOctober
29,
this courtdeterminedtodispense
withhearing Planned
Parenthood's
request
for
a
3
Case 1:13-cv-00862-LY Document 96 Filed 10/28/13 Page 3 of 26

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