Federal Court Slams Texas TRAP Law Back To the Stone-Age

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In a  much needed victory for women in Texas, a Federal Court struck down the Lone Star State’s version of a TRAP law. Finally, a court gets that laws designed to close all but a few abortion clinics in the entire state is a constitutional barrier to women’s ability to exercise their constitutional right to terminate a pregnancy.

U.S. District Court Judge Lee Yeakel ruled based on the fact that HB2

burdens Texas women in a way incompatible with the principles of personal freedom and privacy protected by the United States Constitution for the 40 years since Roe v. Wade.

Judge Yeakel rejected the debunked Republican talking point that this law is about protecting women.

HB 2 is the most restrictive TRAP law in the country.  Red states across the country have tried versions of this law to shut that whole women’s reproductive choices thing down.  In the Texas version, all abortion facilities would have to meet the same standards as ambulatory surgical centers.  The purpose of laws like this is to set up standards that are impossible or financially impossible for reproductive care facilities to meet.  That would force them to shut down without the legislature specifically ordering them shut down.

The reality is TRAP laws amount to sending us back to the coat hanger. Nothing about that suggests Republican lawmakers care about women’s health and safety. It comes as no surprise that Greg Abbott is expected to appeal this ruling.

This is the law that gave Wendy Davis, now the Democratic Candidate for Governor, national prominence as a strong fighter for women’s rights.  Davis filibustered this blatant attack on women’s right to reproductive healthcare the old-fashioned way.  She showed up, she spoke passionately in defense of women’s constitutionally protected right to have reproductive health care.  None of this Republican style phoning in a filibuster from a Koch brother retreat.  Despite Davis’ valiant efforts, the predominantly male Republican legislature passed this pathetic excuse for a law.

This is the second time Davis ultimately prevailed on a major legal matter over Greg Abbott.  The first time Davis kicked Abbott’s posterior in the courtroom was in his attempt to gerrymander her district, and those of other Democrats, away

This is also the second ruling in as many days that a court smacked Abbott down on an unconstitutional law.  Granted, yesterday’s ruling involved the Republicans’ education funding schem which violated the State constitution. This ruling smacks down Greg Abbott and his Republican buddies for violating the U.S. constitution.  This ruling is the latest reminder by the courts that Texans can choose a candidate who understands that people, including women, have rights under the constitution or they can elect someone who sees constitutional law as an obstacle to fulfilling the ideology the Koch Brothers pay him to impose on the people.

This is the latest of several rulings that pushes back against the Republicans who admit they want a nation-wide ban on abortion while trying to sell laws to that end as an effort to protect women’s health.

Similar laws in Mississippi and Alabama were shut down by the courts earlier this month on similar grounds.

Bear in mind that Republicans oppose abortion in all circumstances – including cases in which the women’s life and health are at risk, rape and incest.  While they claim this is based on their closely held “religious” beliefs, the argument falls apart. For one thing, if abortion is not mandatory.  Women who don’t want them be it based on religious, moral or other reasons don’t have to have them.  Those who insist that this about religion are, as they always do trying to impose their religious views on all women in America.  Republicans also oppose birth control, which is the most effective practical way of reducing abortions because according to them women (but not men) must not be allowed to have “consequence free” sex.

Courts are sending a strong message to Republicans and their faux “pro-life” brigade that they cannot pass consequence free unconstitutional laws.

Image: Quiet Mike

 

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28 Replies to “Federal Court Slams Texas TRAP Law Back To the Stone-Age”

  1. Incense? I know it can set the mood but didn’t know it was up there with rape…
    Might want to run this through your editor! ;-)
    Otherwise, great news! Can’t wait for Wendy Davis to be governor of Texas!

  2. I would like to see a law stating all rapists must be sterilized and rendered impotent. After receiving an ultrasound in the most available orifice. Then see how the republicans react.

    And dead beat dads? Automatic 10 years for every year behind.

  3. They don’t have copy editors and it kills me because I completely agree with a lot of Politicus’ points of view and really enjoy their writers, but I don’t feel comfortable sharing their articles because of it.
    “Meggie, if you speak improperly you sound stupid. And you’re not stupid.”
    – my mother

  4. HEAR THAT GOP, IT’S YOUR DEATH MARCH! THE GOP IS DYING! AND ABOUT TIME TOO, BEFORE THEY REALLY START KILLING PEOPLE!

  5. Even after all the Gop has done to hurt women etc Abbott is ahead (and this is a chilling fact) in the polls. There are more Democrats that Republicans in Texas, but they don’t vote. I think it was around 15% of the population voted in the last election. That is unacceptable. In Australia you are fined if you you Don’t vote.

  6. It seems to be getting worse, and there’s a simple fix. My reading comp professor showed me the easy way, which is to read your writing out loud, before submitting it. I know they’re on deadlines, but oral recitation only takes a few minutes, with columns of this size.

  7. Federal Court Slams Texas TRAP Law Back To the Stone-Age

    Back to the Stone Age? But isn’t that where Republicans are trying to take us?

  8. Just read on a couple of other blogs that Abbott refused to debate Wendy Davis on the one official televised debate. What is he afraid of?

  9. He just got slammed by 2 court decisions that ruined his little party. One was womens rights to an abortion. No way will he debate her after that

  10. What makes Judge Judge Lee Yeakel’s decision even sweeter for me is knowing that he was appointed to his federal judgeship by none other that Pres. George W. Bush in 2003.

    I guess this means we won’t have to listen to some on the right scream about activist judges!

    Of course, Abbott has already vowed to appeal Judge Yeakel’s ruling.

  11. And on a lighter note from Texas, it seems that Rick Perry hasn’t been paying those National Guard people he has down on the border with Mexico. The moron Perry is surely going to start something, that nobody on either side of the border wants. But being a halfwit gov., what can you expect.

    Besides, if Perry can’t take care of his own, how does he expect to treat the federal military if president of the US????

  12. …contrary to Teahadists projective accusations, the only “Death Panels” are from the Teahadists and the so called “Right to Life” criminals…they wanna call a fetus a “Person”, whilst they cut public assistance, and other safety net programs like Medicare expansion that would help the infant and mother; destroying public schools…and they’re doing it in the name of “Reich-Wing Jesus”, who bears absolutely NO resemblance what-so-fucking-ever to the Jesus Christ of the Gospels…rather thier idol is an unholy amalgam of cherry-picked Old Testament verses, and cherrypicked scriptures from the letters of Paul, and Revelations…this gives them “license” to hate,and in the case of doctors and volunteers at clinics, to kill…
    …The ONLY way to rein in the politically motivated “preachers” is for the IRS to grow some balls and DO THEIR JOBS…if corrupted Congress-critters wanna call foul, investigate THEM…’nuff said

  13. …remember Abbots “Abortion Barbie”??? He has abandoned ALL semblance of civilization…he is COMPLETELY corrupted and should be in prison…he’s very lucky Wendy Davis IS civilized, but that WON’T help him win…I think all the corruption the flaunt so openly will be one factor for getting a LOT of Democrats outta “Apathy” mode, and into “PISSED-OFF-BEYOND-BELIEF” mode…

  14. Republicans also oppose birth control
    ~~~~~~~~~~
    Yes, of course. The old canard that Republicans harbor a super-secret plan to ban contraceptives, amirite?

    The effectiveness of that charge seems to depend entirely on the public being ignorant of the 1965 Supreme Court case of Griswold v. Connecticut, which held that married couples (later expanded to everyone) have a constitutionally protected right to purchase contraceptives.
    Don’t hear that mentioned much though. Poll it… and I doubt even 10% of respondents would recognize the case.

    Jindall has been advocating for BCP to be sold OTC for almost two years now.
    Not a bad idea.

  15. Without a prescription? Are all BR polls equal? I am asking as a man who simply knows anatomy. Could you mix and match your neighbors pills with yours?

  16. There are many bills in the house and state legislatures to get rid of BC. All the personhod bills do. The wrestling god Ron paul put in 3 personhood bills during his terms

  17. Without a prescription?
    ~~~~~~~~
    Yep. The American College of OB-GYNs supports it.

    http://health.usnews.com/health-news/news/articles/2012/11/21/obgyns-endorse-over-the-counter-birth-control-pills

    Jindal and Rep. Cory Gardner support it, most of the world already has it, and making it official policy would lower prices, lower health care costs, and make consumers more cost conscious.

    Of course there are some objections, but from what I’ve seen I find them to largely amount to alot of unconvincing paternalism.
    .
    .
    There are many bills in the house and state legislatures to get rid of BC.
    ~~~~~~~~
    The SC ruled the state could not ban the use of contraceptives by anyone (Eisenstadt v. Baird [1972]), and that the state could not ban most abortions (Roe v. Wade [1973]).

    http://www.pbs.org/wnet/supremecourt/rights/landmark_griswold.html

  18. Jindal also supports teaching nothing but religion in schools and is illegally funneling our money to religious schools.
    So I will stick to Doctors opinions

    Even Mississippi voted personhood bills down. Regardless of what the SC says, there are states and localities trying to get rid of them.

  19. Regardless of what the SC says, there are states and localities trying to get rid of them.
    ~~~~~~~
    There are always going to be kooky “activists” who would also probably insist that they are building a “movement”. Pfft. They won’t go away but the Supreme Court would certainly strike down any of these measures if they are ever passed.
    Their efforts will go nowhere in the long run.

  20. Given the Surpreme court of recent, I wouldnt bank on them doing anything consistant. These kooky activists in part are house members

  21. It would be so much simpler, and far less divisive, if people would let women make their own decisions about their own bodies.

    Such a revolutionary idea…

  22. I’m sure they will pass a law forbidding menstrual cycles. They are all pro life until it’s pro living. They desperately need more welfare moms for the midterms.

  23. I hope Texas will join the league of civilized states by electing Demos in the next election. Their current slate of elected officials is an embarrassment to Texas and America.

  24. Wow! A federal judge who is clearly well versed in applying a cognitive analysis of a legal problem and then solving the problem with fact and reason. Who at the same time is not too timid to call out the right-wing Christofascist for the liars that they are

    And if I was Wendy Davis I would ask voters if Abbott is really the kind of attorney they want running the state. An attorney who blatantly promotes and implements laws that are without question blatantly unconstitutional even at just the surface level. Not to mention the fact that she, Wendy, has already whipped his ass twice in court without really have to pay much attention to the matters. An attorney who without question if elected would follow the criminal path of his predecessor in operating the state.

    Vote Wendy Davis.

  25. And “pissed off beyond belief” is where liberals, progressives, and Democrats have to get, along with the mindset that they are willing to go to whatever lengths necessary to save our country and our freedoms from the fascist who now control the country as an oligarchy.

    And that attitude has to be developed and right now.

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