Federal judge rules on Texas abortion law

Karen Rayne, left, protests Governor Rick Perry's signing of HB2 in the Capitol Extension Auditorium on Thursday, July 18, 2013. He signed the stricter abortion regulations into law Thursday morning as supporters cheered and faint chants of 'shame' could be overheard from protesters outside the Capitol auditorium. less Karen Rayne, left, protests Governor Rick Perry's signing of HB2 in the Capitol Extension Auditorium on Thursday, July 18, 2013. He signed the stricter abortion regulations into law Thursday morning as ... more Photo: Laura Skelding, Austin American-Statesman Photo: Laura Skelding, Austin American-Statesman Image 1 of / 48 Caption Close Federal judge rules on Texas abortion law 1 / 48 Back to Gallery

AUSTIN – Attorney General Greg Abbott has appealed Monday's ruling by a federal judge that struck down a key provision of Texas's new abortion law, according to a new court filing in the case.

U.S. District Judge Lee Yeakel ruled Monday that a provision to require abortion providers to have admitting privileges at nearby hospitals is unconstitutional.

Yeakel also partially blocked new restrictions on pregnancy-ending drugs, saying they "may not be enforced against any physician who determines, in appropriate medical judgment, to perform a medication-abortion using the off-label protocol for the preservation of the life or health of the mother."

New regulations for abortion-inducing drugs are set to kick in at midnight, except in cases when women have medical conditions that can make surgical abortion "extremely difficult or impossible," according to the ruling.

"As everyone – including the trial court judge – has acknowledged, this is a matter that will ultimately be resolved by the appellate courts or the U.S. Supreme Court," said Abbott spokeswoman Lauren Bean.

Abbott filed the appeal about an hour after the ruling was made public Monday afternoon.

Monday's ruling stems from a lawsuit filed last month by Planned Parenthood, the Center for Reproductive Rights and the American Civil Liberties Union. Yeakel heard three days of testimony and arguments about the abortion law last week during a trial in Austin.

The two rulings are clear victories for abortion-rights groups, which argued the admitting privilege and medication-abortion provisions would force clinics across the state to close and would leave tens of thousands of Texas women without access to safe abortions.

Federal courts have blocked similar laws in Wisconsin, Alabama, Mississippi and North Dakota.

Higher courts are expected to ultimately decide both issues.

The two measures passed in July amid a marathon Democratic filibuster and massive protests at the state Capitol. Aside from provisions on abortion-inducing drugs and admitting privileges, the law also only allows abortions in surgical centers and bans the procedure after 20 weeks.

Gov. Rick Perry, in a statement Monday, said Yeakel's ruling "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."

Lt. Gov. David Dewhurst, in a statement of his own, said he was "saddened" by the court's decision to strike down the admitting privileges requirements.

"It is disturbing to know that the abortion industry is celebrating a so-called victory that actually reduces the standard of care for the women from whom they profit."

Top Democrats also chimed in on the ruling, too.

Sen. Leticia Van De Putte, the San Antonio Democrat mulling a run for lieutenant governor, said, "I'm grateful that a Texas court agreed today that House Bill 2 would have had harmful effects on women's access to care and affirmed that the Republican-controlled Legislature went too far in its attacks on women."

The ruling was hailed by Ken S. Lambrecht, chief executive officer of Planned Parenthood of Greater Texas, who said it "protects access to safe and legal abortion for women in many parts of the state.

"Today's ruling marks an important victory for Texas women and sends a clear message to lawmakers," Lambrecht said in a statement. "it is unconstitutional for politicians to pass laws that take personal, private decisions away from women and their doctors."

Lambrecht added that the part of the ruling allowing restrictions on medication abortion unless there's a risk to the life or health of the mother "puts ideology over science by banning a safe method of abortion for many women."

A Texas Right to Life official said the organization was not surprised at Yeakel's ruling, given his previous judgment that it was unconstitutional to exclude abortion affiliates in the Texas Women's Health Program. She said the organization looks forward to how the matter plays out at the U.S. 5 Circuit Court of Appeals, which overturned Yeakel's judgment on the Women's Health Program law and ruled in favor of Texas' law requiring women seeking an abortion must first have a sonogram.

"We' re ready for the next round," said Emily Horne, a legislative associate with Texas Right to Life.

Reporter Todd Ackerman contributed to this story.