Part of state's new abortion law deemed unconstitutional - KXXV-TV News Channel 25 - Central Texas News and Weather for Waco, Temple, Killeen |


Part of state's new abortion law deemed unconstitutional


A federal judge has ruled part of the state's controversial new abortion restrictions law is unconstitutional.

A handful of pro-choice groups filed a suit against the state last month asking for a permanent injunction to stop the law. The judge promised a decision would come before that law takes effect Tuesday October 29, 2013.

The hearing wrapped up after days of testimony from both sides and neither of them is completely satisfied with the district judge's decision.

Today's ruling struck down the provision of the new law that would have required abortion doctors to have admitting privileges at a local hospital within 30 miles. That portion of the law would have forced more than a dozen of state licensed health clinics to shutdown including Planned Parenthood in the Waco, Killeen and Fort Hood areas.

Pro-choice groups called it an important victory for Texas women saying it sends a clear message to lawmakers to stay out of women's personal and private lives.

The judge also modified another part of the law by allowing the state to regulate how an abortion-inducing drug is used.

Waco Planned Parenthood Spokeswoman Natalie Kelinske says they will continue to fight that decision.

"This requirement will force women to follow outdated and inferior protocol and will force physicians to ignore years of research and practical experience when it comes to medication abortions," said Kelinske.

The National Association for the Repeal of Abortion Laws, Pro-Choice America released this statement about the ruling.

"We are pleased but not surprised by this development. It has been clear from day one that the laws advanced by Governor Perry and others are unconstitutional and put women at greater risk. We will continue to fight to ensure all parts of this law, and other laws restricting women's health care options, which are clearly unconstitutional, are defeated."

Governor Rick Perry wasn't happy about the judge's decision and released this statement after the decision came down.

"Today's decision will not stop our ongoing efforts to protect life and ensure the women of our state aren't exposed to any more of the abortion-mill horror stories that have made headlines recently. We will continue fighting to implement the laws passed by the duly-elected officials of our state, laws that reflect the will and values of Texans," said Governor Perry.  

Attorney General Greg Abbott, who was named in the lawsuit, says he wouldn't be surprised if it goes all the way to the Supreme Court and plans to appeal Monday's decision to the 5th Circuit Court of Appeals. 

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