Federal Appeals Court Upholds Texas Abortion Regulations | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion


Federal Court Upholds TX Abortion Regs

By Walter M. Weber1433949753013

In a 56-page opinion issued today, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit unanimously upheld Texas abortion laws requiring abortionists to have admitting privileges at a hospital and requiring abortion facilities to meet state safety standards for ambulatory surgical centers. While the court did affirm, in modified form, an injunction as applied to two particular abortion facilities (in El Paso and McAllen), the court rejected abortionists’ challenges to the regulations elsewhere throughout the state. The ACLJ, jointly with the Houston Coalition for Life (HCL), had filed an amicus curiae brief in support of the regulations.

This decision in Whole Women’s Health v. Cole (previously named Whole Women’s Health v. Lakey) reaffirms the principle that the “right to abortion” recognized in Roe v. Wade and Planned Parenthood v. Casey is not the “right to an unsafe abortion.” As the appeals court emphasized, the Supreme Court has repeatedly underscored that states can protect women from unsafe abortion practices.

This case has the potential to reach the Supreme Court – that is, if the abortionist challengers decide to pursue it further.

The ACLJ/HCL amicus brief confronted pro-abortion verbal engineering, urging the appeals court not to use the latest euphemism of “abortion care,” which masks the destruction of abortion behind the comforting language of “care.” Our brief pointed out that courts are not supposed to weigh in on one side or the other of a marketing campaign. This Court should therefore avoid using the euphemism “abortion care” . . . . Moreover, the phrase “abortion care” is awkward and redundant.  A surgeon does a heart bypass, not “heart bypass care.”  An orthodontist provides braces, not “braces care”.   A technician does a mammogram, not “mammogram care”.  And an abortionist does abortions, not “abortion care.”

Happily, the Fifth Circuit’s opinion did not use the slanted phrase “abortion care.”

The ACLJ/HCL amicus brief also attacked the myth that abortion is safer than childbirth. While this particular issue did not appear anywhere in the court’s opinion, we were happy for the opportunity to educate the court about the true risks of abortion.

The appeal was argued in January, 2015. The decision today starts the clock running for any request for rehearing or for Supreme Court review. In the meantime, these safety measures can help protect Texas women from unscrupulous or incompetent abortion practitioners.

Stop the Pain. Stop Abortions.

Pro Life  Signatures


Receive the latest news, updates, and contribution opportunities from ACLJ.

Make this a monthly tax-deductible gift.

We’re fighting the abortion industry and defending the unborn in court and in Congress. Defend life with your tax-deductible gift today. Have your gift doubled through our Matching Challenge.

Email Address is required.
First Name is required.
Last Name is required.
Credit Card Number is required.
Verification Code is required.
Expiration Month is required.
Expiration Year is required.
Receive the latest news, updates, and contribution opportunities from ACLJ.
Encourage your friends to sign and donate by sharing this petition.
Latest in
Pro Life

ACLJ Asks Supreme Court to Take Big Abortion Case

By Jordan Sekulow1520899200000

The American Center for Law & Justice (ACLJ) has filed another brief with the Supreme Court of the United States asking the Court to review the case involving the undercover investigation of the abortion industry conducted by the Center for Medical Progress (CMP). The brief supports the petition...

read more

Protecting Free Speech Rights of Pro-Life Centers

By Walter M. Weber1520277349542

The ACLJ filed a friend-of-the-court brief today in the Supreme Court in an important free speech case from California. The case is First Resort, Inc. v. Herrera . At stake are the free speech rights of pro-life pregnancy centers and, indeed, countless charitable agencies. Here's the background:

read more

ACLJ Files Lawsuit to Defend Pro-Life Counselors

By Francis J. Manion1520019702758

The Supreme Court of the United States has long recognized that the right to use public sidewalks “for purposes of assembly, communicating thoughts between citizens, and discussing public questions . . . has, from ancient times, been a part of the privileges, immunities, rights, and liberties of...

read more

The Fight Against Eugenic Abortion is Now

By Olivia Summers1519657200000

Just over a week ago, we celebrated the fact that Lucas Warren—an 18-month-old who has Down syndrome—was selected as Gerber’s Spokesbaby for 2018. Lucas’ dad, Jason Warren, stated : “We’re hoping this will impact everyone — that it will shed a little bit of light on the special needs community and...

read more