Judge Rules Texas Abortion Restrictions Unconstitutional

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Since the U.S. Supreme Court upheld a woman’s right to murder her own child in the womb more than 40 years ago, leftists have relentlessly sought to expand that right in any way possible.

When Texas legislators voted earlier this year to impose very moderate restrictions on the barbaric practice, the pro-abortion crowd naturally cried foul. Those activists, it seems, have scored a recent victory with a U.S. district judge’s ruling that at least some aspects of the law are unconstitutional.

According to an order released Monday, Judge Lee Yeakel determined that the requirement of abortion providers to have hospital admitting privileges “does not bear a rational relationship to the legitimate right of the State in preserving and promoting fetal life or a woman’s health,” adding it “places a substantial obstacle in the path of a woman seeking an abortion….”

In his opinion, the judge concluded that “admitting privileges have no rational relationship to improved patient outcomes” and called the requirement “an undue burden” to women who want such procedures.

Along with another provision, the new condition was set to go into effect Tuesday.

Yeakel, a George W. Bush appointee, did not strike down restrictions on abortifacient drugs, though only because pro-abortion advocates have not yet made a strong enough case.

“At some point, the totality of incidental effects may become an undue burden,” he wrote, though “that threshold has not been met.”

The fact is that America has some of the most permissive laws on the planet regarding abortion. In California, for example, pregnant women can have their children ripped from their bodies by individuals who are not even doctors.

Texas legislators merely wanted to add a few safeguards to the process, not outlaw abortion whatsoever as some leftists have insinuated, and leftists celebrate the defeat.

Commenting on Yeakel’s decision, though, Texas Sen. Ted Cruz announced his intention to continue fighting for what he called “commonsense legislation to protect the health of women and their unborn children.”

The lawyer and favorite among Tea Party conservatives concluded that the restrictions are “constitutional and consistent with U.S. Supreme Court precedent protecting the life and health of the mother and child,” adding that he hopes “the Fifth Circuit Court of Appeals will uphold Texas’ reasonable law.”

–Western Journalism staff writer

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