5th Circuit in NOLA tosses injunction. Texas abortion clinics to close.

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Constitutional right to abortion?

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Only when their constitutional right for government to provide the pill fails!

Abortion - mentioned NOWHERE in the Constitution...should be as easy and pleasant as going through a Chick-fil-a drive through.

Purchase and ownership of a firearm - expressly contained in the 2nd Amendment, should be as difficult and onerous as possible.

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The 5th Cir hasn't decided the case. On lifted the injunction. But lifting it means they think Texas has a reasonable chance of winning.

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Haven't followed it specifically. Is this the case where doctors were inappropriately denied state license if they didn't have admitting privileges at a local hospital?

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Constitutional right to abortion?

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Its not about that! Its about womens' safety!


Just like how dentists who use laughing gas are required to have admitting privileges at a hospital with an ER within 30 miles, to protect the safety of dental patients.

I remember the argument about admitting rights, but the article specifically states

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federal appeals court ruled Thursday that the state may enforce a law that requires those facilities to be built to the same standards as hospitals.

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. Is this another provision of the same law?

There are two 5th Circuit cases that, when harmonized, tell you exactly what the 5th Circuit is thinking (panel-wise, not en banc full court).

Texas and Mississippi passed almost the exact same law. Texas' law shut down a few clinics but left several others open. Mississippi's had the effect of shutting down all clinics in the state (they only had one, and all local hospitals in Jackson refused to give the doctors privilege).

The Mississippi law was held unconstitutional because it had the effect of the state shifting a constitutional right onto neighboring states (Mississippi argued that its citizens could just drive to any neighboring states). Texas' law, however, just made it a little more difficult to exercise the right within the state.

In the Texas case, the court is perfectly okay with women having to drive 300+ miles to get an abortion, because they never have to cross a border to do it.

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Last month, in Jackson Women’s Health Organization v. Currier, the U.S. Court of Appeals for the Fifth Circuit sustained an as-applied constitutional challenge to a Mississippi law requiring that “[a]ll physicians associated with [an] abortion facility must have admitting privileges at a local hospital and staff privileges to replace local hospital on-staff physicians” (“admitting privileges”). The court of appeals concluded that applying this law in Mississippi would have the effect of closing the state’s one existing abortion clinic and would therefore impose an undue burden on women seeking to exercise their constitutional right to terminate a pregnancy. This column will consider the unusual—and fact-sensitive—approach that the Fifth Circuit here took to reviewing the admitting privileges law.

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LINK

So they actually did argue on the terms of a "constitutional right to terminate a pregnancy"? So what article or amendment is this right being associated? Again, not being an arse. I'm just trying to rationalize a ruling such as this with the number of fetal homicide laws that exist in nearly 40 states. I completely understand these laws are intended to make abortion as difficult as possible.

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s not about that! Its about womens' safety!


Just like how dentists who use laughing gas are required to have admitting privileges at a hospital with an ER within 30 miles, to protect the safety of dental patients.

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who needs gas, when we have you

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So what article or amendment is this right being associated?

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I forget which one specifically(14th maybe?), but the Roe v. Wade decision was based on the privacy clause, and hinged on the privacy of the decision made between a doctor and a patient. Anti-abortion folks haven't been able to crack that decision, so have gone this route to close abortion clinics. Not sure what constitutional argument the pro-abortion folks are using to fight these laws.