Whole Woman’s Health, et al. v. Lakey, et al.

Plaintiff filed suit seeking declaratory relief and permanent injunctions against the enforcement of two recent amendments to Texas's laws concerning the performing of abortions (H.B. 2). The district court enjoined the admitting privileges requirement and the ambulatory surgical center provision of H.B. 2 as to all abortion facilities. The district court also enjoined other specific applications of H.B. 2. The State appealed and filed an emergency motion to stay the district court's injunctions pending the resolution of their appeal. Because plaintiffs sought only as-applied relief from the admitting privileges requirement for two abortion clinics, the district court acted inappropriately by invalidating the admitting privileges requirement for all abortion clinics in Texas. The district court's facial invalidation of the admitting privileges requirement is directly contrary to this circuit's precedent. The court concluded that the State has shown a likelihood of success regarding whether the ambulatory surgical center provision is unconstitutional on its face where it satisfies rational basis review and plaintiffs failed to demonstrate that the provision will result in insufficient clinic capacity that will impose an undue burden on a large fraction of women. In regard to the district court's injunctions of both requirements as applied to clinics in McAllen and El Paso, the court concluded that the State has met its burden as to each, with the exception of the ambulatory provision as applied to El Paso. Accordingly, the court granted in part, denied in part, and stayed the district court's injunction orders until the final disposition of the appeal. View "Whole Woman's Health, et al. v. Lakey, et al." on Justia Law