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Texas Attorney General Greg Abbott Will Appeal Ruling Striking Part of Texas Pro-Life Law

by Steven Ertelt | Austin, TX | LifeNews.com | 10/28/13 4:45 PM

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No sooner did a Texas judge declare a portion of a pro-life Texas law unconstitutional than Texas Attorney General Greg Abbott indicate he will appeal the decision.

As LifeNews reported today, a Texas judge today issued an opinion striking down two parts of a Texas pro-life law that protects women from dangerous abortions.The judge blocked part of the law that required its doctors to have the right to admit patients to local hospitals. Texas became one of several states that require abortion doctors to have admitting privileges at local hospitals so women can be treated when they are victimized by botched abortions.

The judge also ruled that the part of the law that requires abortion businesses to follow FDA protocol, by only dispensing the dangerous RU 486 abortion drug in person, can apply except when the life or health of the mother is in danger — even though abortions routinely put women’s lives and health at risk.

Abbott will appeal the ruling:

Texas Attorney General Greg Abbott says he sees the lawsuit over the state’s new abortion law going to the U.S. Supreme Court.

Abbott spoke to reporters in Brownsville on Monday shortly after a federal judge ruled two provisions of the law at least partially unconstitutional.

Abbott said his office will appeal Yeakel’s decision to the 5th Circuit Court of Appeals.

Abbott was campaigning Monday for governor. His likely Democratic opponent gained national attention for filibustering the abortion law.

Meanwhile, in a statement, Sen. Ted Cruz said he hopes the law will be upheld on appeal.

I hope the Fifth Circuit will uphold Texas’ reasonable law protecting the health of Texas women and unborn children.

Texas passed commonsense legislation to protect the health of women and their unborn children.

This law is constitutional and consistent with U.S. Supreme Court precedent protecting the life and health of the mother and child.

I hope the Fifth Circuit Court of Appeals will uphold Texas’ reasonable law.

And pro-abortion activist Wendy Davis, running for governor, applauded striking part of the law to protect women’s health.

“Texas families are stronger and healthier when women across the state have access to quality healthcare,” Davis said in a statement on Monday afternoon. “I’m not surprised by the judge’s ruling. As a mother, I would rather see our tax dollars spent on improving our kid’s schools rather than defending this law.”

HB 2 was infamously filibustered by state Senator (and now gubernatorial candidate) Wendy Davis which only served to delay passage until a third special session was called by pro-life Gov. Rick Perry.

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Opponents have not challenged that part of the law which prohibits the killing of unborn children who have reached the developmental milestone of being able to feel pain which substantial medical evidence places at 20 weeks, if not earlier.  Nor are they challenging the requirement that all abortions be performed in ambulatory surgical centers, noting that this portion of the law does not go into effect until September 2014.

In July, Abbott made it official, saying he will run for governor and seek the GOP nomination to replace pro-life Governor Rick Perry, who is not planning to run again next year. Prior to assuming the office of attorney general, Abbott was a justice on the Texas Supreme Court and was appointed by former Texas governor and President George W. Bush.

Abbott will likely face Davis, assuming both capture their party nomination.