La. Abortion Clinic Law Latest State Battle; Texas AG Issues Opinions On Abortion-Related Issues

Main Category: Abortion
Article Date: 29 Sep 2010 - 5:00 PDT


A recent federal lawsuit challenging a Louisiana law allowing the health department to shut down abortion clinics is the most recent challenge to state antiabortion laws, while Texas' attorney general last week issued two opinions on abortion-related issues. Summaries appear below.

~ Louisiana: A federal lawsuit against a new Louisiana law that allows the state health department to immediately shut down abortion clinics for health and safety concerns is the most recent challenge to abortion-related laws passed by states this year, the Shreveport Times reports. Five Louisiana abortion clinics last week filed a federal lawsuit against the Louisiana Health and Hospitals Department over the new law, arguing that it is unconstitutional and may allow for arbitrary enforcement. According to the clinics, they fear that, under the new law, state health officials will move to revoke their licenses without allowing them to rectify problems, which they were able to do before the law was passed. National Abortion Federation President and CEO Vicki Saporta said the new law is what NAF calls a targeted regulation of abortion providers. She said, "There is not a reason for Louisiana to be passing the extent of legislation they've been passing, other than to make it more difficult for women to access abortion care, and that is the ultimate goal of these restrictions." Saporta added that measures like the Louisiana law are part of antiabortion-rights advocates' "strategy of chipping away at" Roe v. Wade (Brumble, Shreveport Times, 9/26).

~ Texas: In an opinion released Friday, Texas Attorney General Greg Abbott (R) said that prerecorded announcements used by some abortion clinics were an insufficient way of fulfilling the state's informed consent law, the Dallas Morning News reports. The opinion was requested by state Rep. Frank Corte (R). Kathi Seay, a spokesperson for Corte, said that most of the state's clinics use prerecorded messages to provide information to women seeking abortions. Abortion-rights advocates say that clinics using prerecorded messages also have doctors meet with patients to discuss the procedure. Kelly Hart, director of public affairs for Planned Parenthood of North Texas, said she was not aware of the opinion until Friday afternoon, and that the recordings are used in an attempt to comply with statutory requirements. Hart said, "We are following what doctors everywhere do," adding, "The medical definition of informed consent is that (the patients) have the opportunity to learn." Corte also requested an opinion to clarify a requirement that a prescribing doctor be present when a patient takes medication to induce an abortion. Abbott said in an opinion that the requirement is legally unenforceable. Seay said that the meaning of the request was misunderstood, adding that Corte wanted to see if the task of giving the pill to a patient would be done by any other person (Mulvaney, Dallas Morning News, 9/25).

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