Federal Judge Strikes Down Restrictive Abortion Law

Yesterday, a U.S. District Judge struck down central provisions of the controversial Texas abortion law that State Senator Wendy Davis stood in opposition to for 13 hours earlier this summer. The main consideration in this case was whether the bill put an undue burden on the mother, and whether the state has a compelling interest in “protecting fetal life.” Judge Lee Yeakel struck down the provision that requires doctors who perform abortions in the state of Texas to have admitting privileges at hospitals within 30 miles of their clinic holding that this language “places a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus and is thus an undue burden to her.” If not for yesterday’s ruling, almost one-third of the abortion clinics in Texas would begin to close in coming weeks and months. Provisions limiting the usage of the “morning after” pill were struck down as well. Texas Attorney General Greg Abbott is expected to file an emergency appeal to the U.S. Circuit Court in New Orleans. But the decision was not a complete victory for reproductive justice: the provision of the bill that requires doctors to use a specific drug system in nonsurgical abortion (another restrictive part of the bill) was not nullified by Judge Yeakel and will take effect. As Reform Jews, we believe firmly in not only a woman’s right to chose, but also the need to make sure abortions are safe, legal, and affordable. Our tradition teaches that all life is sacred, but that the life and well-being of the mother are the principle concerns. Mishnah Ohaloth 7:6 forbids a woman from sacrificing her life for the sake of an unborn child, and actually mandates abortion when her own life is at risk.  It is important to note that this suit did not challenge two other provisions that are particularly concerning: abortion clinics will have to meet the standards of an ambulatory surgical center and a ban on nearly all abortions at 20 weeks after conception. The ban on abortions after 20 weeks goes into effect today and the clinic upgrade provision will take effect in September of 2014.