Planned Parenthood et al. v. Abbott

This case challenges HB 2, which was passed by the Texas legislature in July 2013 and contains multiple restrictions on abortion providers which have the purpose and effect of forcing physicians and clinics throughout the state to stop providing abortions.

Filing date: 09/27/2013

Plaintiff(s): Planned Parenthood of Greater Texas Surgical Health Services, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women’s Health Center, Whole Woman’s Health, Austin Women’s Health Center, Killeen Women’s Health Center, Southwestern Women’s Surgery Center, West Side Clinic, Inc., Routh Street Women’s Clinic, Houston Women’s Clinic, each on behalf of itself, its patients, and physicians, Alan Braid, M.D., Lamar Robinson, M.D., Pamela J. Richter, D.O., each on behalf of themselves and their patients. (Bolded plaintiffs are represented by the Center for Reproductive Rights.)

Center Attorney(s): Janet Crepps, Esha Bhandari, Jennifer Sokoler

Co-Counsel/Cooperating Attorneys: Planned Parenthood (Helene T. Krasnoff and Alice Clapman); ACLU Foundation Reproductive Freedom Project (Brigitte Amiri and Renée Paradis); ACLU of Texas (Rebecca L. Robertson); George Brothers Kincaid & Horton LLP (R. James George, Jr., Elizabeth von Kreisler, Rico Reyes)

Summary:

On September 27, 2013, plaintiffs filed a complaint and followed up on October 1, 2013 with a motion for a preliminary injunction in federal court in Austin in an effort to block two harmful and unconstitutional provisions of HB 2.  The lawsuit is challenging HB 2’s requirement that all physicians who perform abortions have “active admitting privileges” at a hospital that provides obstetrical or gynecological  services not more than 30 miles from where the abortion is performed, and the requirement that all physicians follow the outdated protocol set forth in the Final Printed Label for Mifeprex approved by the FDA  in 2000 for the administration of medication abortion.    

If the admitting privileges requirement is allowed to take effect on October 29, more than one-third of the state’s licensed abortion facilities will be forced to stop offering abortions altogether, eliminating services entirely in Fort Worth, Harlingen, Killeen, Lubbock, McAllen, and Waco.  One in three women will no longer be able to obtain a desired abortion as a result of the dramatic reduction in availability.  If the medication abortion restrictions are allowed to take effect, the option of a more private and non-surgical procedure will be no longer available for the majority of women who would choose medication abortion for early pregnancy termination, including women for whom medication abortion is the safest procedure.     

The case will be heard before Judge Lee Yeakel on October 21, 2013.

Status: 
Open
Owner: 
The Center for Reproductive Rights