Enter Email Address SUBMIT
GET EMAIL UPDATES FROMAL JAZEERA AMERICASign up for our weekly newsletter
Supreme Court blocks Texas law fromshuttering abortion clinicsState legislation requires centers to gethospital-level upgrades, admitting privileges atnearby hospitals
Texas will not be able to cope withabortion needs, rights groups sayAppeals court ruling on Thursday will close allbut eight abortion facilities in nation’s second-most-populous state
Women forced to travel as Deep Southcloses doors on abortion clinicsAs termination providers in Mississippi,Alabama and Louisiana rapidly dwindle,women labor to access services
Oklahoma enacts new restrictions onabortions, Louisiana to followNew law could shutter three of the state’s fiveabortion clinics
MOSTDISCUSSED
MOSTSHARED
MOSTVIEWED
RELATED
EDITOR'S PICKS
Carly Fiorina benefited fromcompany using aborted fetalstem cells
Zika virus could see'explosive' growth & affect 4Mpeople, WHO warns
Canada’s missing: Thousandsof lost or murderedindigenous wo…
The soundtrack to BurkinaFaso's revolution
OPINION: Hillary Clinton,campaign bully
RSS | Subscribe | Community Guidelines15 Comments
buckfush 313 days ago
1 reply 0
Michael Miller 209 days ago
0
David Clark 385 days ago
1 reply -2
Michael Miller 209 days ago
0
JJ Helna 386 days ago
-2
Kathi Jones-Hudson 386 days ago
+5
VapurRupy 386 days ago
6 replies -4
JJ Helna 386 days ago
-1
Miriam Parker 386 days ago
0
Jordyn McGinnity 385 days ago
3 replies 0
VapurRupy 384 days ago
2 replies -1
JTustice 232 days ago
1 reply 0
Michael Miller 209 days ago
0
Amy Anderson 386 days ago
1 reply +1
VapurRupy 386 days ago
-3
HEALTH
Texas abortion clinics: How far istoo far to drive?
Federal appeals court will hear arguments on state's abortion law, which could limitwomen's options across the state
January 7, 2015 12:00PM ET
by Michael Keller - @mhkeller & Marisa Taylor - @marisahtaylor
Is 150 miles too far to drive in order to get an abortion? In some parts of Texas, that distancecould get a lot longer, and it’s up to a federal appeals court to decide whether that placestoo much of a burden on women seeking to end their pregnancies.
A panel for the 5th Circuit U.S. Court of Appeals in New Orleans was set to hear argumentsWednesday challenging a portion of House Bill 2 (HB2), the contentious Texas law passed in2013 that effectively forced dozens of abortion clinics in the state to close. With therequirements that abortion doctors must have admitting privileges at local hospitals, andthat abortion clinics must be outfitted with hospital-like surgical centers, the number ofproviders in Texas shrank from 41 to seven, most of them located in major cities.
Clinics and abortion-rights advocates have argued that lower-income women in rural SouthTexas who lacked childcare or transportation would be stuck without the option to safelyterminate their pregnancies. They filed a lawsuit last year contesting the so-called“ambulatory surgical center” part of HB2, arguing that the clinic closures meant more than1 million Texas women of childbearing age would live at least 100 miles from an abortionprovider. And in order to keep pace with demand, the remaining clinics would be forced toquadruple the number of abortions they perform, according to Daniel Grossman, the UCSFobstetrics and gynecology professor testifying on the clinics’ behalf.
But state geographer Todd Giberson, on behalf of the state, testified that more than 90percent of women of childbearing age will still live within a 150-mile drive of an abortionprovider even if the law is carried out.
Whatever the appeals court’s ultimate decision, the map shows that broad swaths of Southand West Texas would be left without any available abortion clinics if the ambulatorysurgical center provision goes forward.
For example, a woman in the city of McAllen — where the single abortion clinic is not anambulatory surgical center — would have to drive over 200 miles to the nearest clinic in SanAntonio.
More than 200 miles
A woman living in the city of Midland used to have a Planned Parenthood in her town, butsince that clinic's closure amid increased regulations, she’d have to drive over 270 miles toFort Worth or San Antonio.
The courts disagree as to exactly how long a woman must drive in order for it to be legallyconsidered an inconvenience. A district court judge blocked the ambulatory surgical centerpart of the Texas law in August, ruling that the resulting clinic closures would place an“undue burden” on women by compelling them to travel longer distances to get to theremaining ones. The federal appeals court overturned that ruling in October, siding with thestate on the so-called “undue burden” on women — after which the Supreme Court turnedaround and blocked it, causing 13 clinics to re-open.
“It’s always been a little bit unclear exactly what constitutes an ‘undue burden,’” said CaitlinBorgmann, a professor at CUNY School of Law with expertise on reproductive rights law.
Courts have also been ambiguous about how many women have to be affected by a law inorder for it to qualify as an undue burden, she said, citing the 1992 Supreme Court case thatstruck down Pennsylvania’s law requiring women to inform their husbands before havingabortions. Though the number of women who might fear spousal abuse if they didn’tinform their husbands might have been small, the court ruled that the informed consentlaw would pose an undue burden on most of that group of women.
“Do you look at all the women specifically burdened by the law, or do you look at all womenin general?” Borgmann said.
These will be among the considerations of the appeals court — and if it decides HB2 shouldbe enforced, the matter could be taken on by the Supreme Court, which in 1973 set theprecedent for women’s constitutional right to abortion with Roe v. Wade.
“If women can’t access abortions, then the right is meaningless,” Bormann said. “This verymuch goes to the core of what it means to be a constitutional right to abortion.”
SHARE THIS: http://alj.am/14oIEDl
RECOMMENDED
Recommended by
JOIN THE CONVERSATION
Post a new comment
This is just another example of Government over reach that all conservative should oppose.
And yet that government overreach you speak of is proposed by conservatives.
I applaud the Texas legislature for trying to protect women's health through passage of HB2. They aretrying to take a logical approach to providing appropriate care for a surgical procedure. Claiming thelaw intentionally "limits access" is a bogus excuse to turn this into an anti-abortion legislative act.
My understanding is this law requires abortion providers to have hospital admission permission andappropriate care capabilities in any facility used to perform abortions. I would hope that anyoneseeking this procedure would demand this in the first place. Why? Because abortion, whether you arefor or against it, is a surgical procedure. And any time one goes into surgery there is always a possibilityof complications, some life threatening, which may require emergency advanced intervention in ahospital setting.
If I were to experience a life threatening emergency while under anesthesia I would much prefer to haveadvanced care readily available than for the performing Doctor to just call 911 and wish me good luck!
So why have these offices closed? It's not because they don't want to perform abortions or that they'vebeen "run out" of the business. They are closing due to the OWNERS of those facilities needing to takesome of their revenues and spend the money on meeting the requirements. They would rather closethan invest in appropriate equipment or go through the hassle of obtaining hospital operatingprivileges. Personally, that's not the kind of Dr. I'd want providing my care for any surgical procedure.
Therefore, I believe it is completely self-centered for women to make this into a "woman hater"argument. The opponents of this law need to take a step back and view this from a safety perspective.Which option is better?
A - Rely on a 911 call so EMTs can transfer a 'Doctor's screw up' to a properly equipped facility where anER Dr. has to save a life while 'cleaning up' a major screw-up?
B - Force a Doctor to perform in a professional manner, requiring proper licensing/insurance/facilitiesand perform surgeries of this nature in a controlled environment with advanced care capabilities - thatway when things do go wrong, the ability to take life-saving actions is readily available?
For me, it's option B every time.
One more thing - abortion does not control pregnancy - it terminates it. Birth control is something thatprevents pregnancy from happening in the first place. Condoms, abstinence, self-control, pills/shots,IUDs – THESE are birth control. Yes, there are some circumstances where pregnancy cannot becontrolled (rape/incest) and these are valid reasons for considering pregnancy termination but abortionshould not be a replacement for personal responsibility and lack of self-control.
"Because abortion, whether you are for or against it, is a surgical procedure." So is root canaland yet you don't see these requirements for dentists.
A mile is too far to drive for an abortion! If you are Catholic, you are called to be pro life.
So they are so concerned about women's health that they nearly regulate abortion in the state intooblivion and say that a woman who just had an abortion is fine getting back into a car and riding/drivingfor hours to get home. Nothing but women haters if you ask me.
What Constitutional right is there to have an abortion? It's simply an interpretation of the SupremeCourt that isn't written in stone anywhere. It can change. In fact, there is an inalienable right to life inthe Constitution; apparently, that gets violated all the time considering that life began far beforeconception. Child sacrifice is alive and well.
Keep saying it loud and clear.
The constitution gives rights to born people
How in the world does life begin before conception? Even if you are in the personhood-at-c-onception camp that doesn't make sense.
Unless children are dying every time a woman doesn't become pregnant and has her periodinstead. Which means that the average woman of reproductive age kills 12-13 children ayear. Which totals hundreds in a life time. Which means women who aren't constantlypregnant probably end up being the most prolific serial killers to ever live.
Maybe all women should be imprisoned (for committing murder) and be impregnated asoften as possible to save those precious pre-conception lives.
Also, the "life, liberty, and pursuit of happiness" bit is in the Declaration of Independence,not the Constitution, just fyi.
I didn't say life begins at conception, I said it began far before conception (Jeremiah 1:5).
And how many of your cheered when Bush said "Mission Accomplished" ? How manyinnocent lives have died in Iraq and Afghanistan? Just wondering how your morals tend toappear and disappear at will. And how many children go to bed hungry each night inAmerica? Where are your true morals ?
That's different. That's 'Murica 'n Gawd and stuff. You know...............'Murican stuff.
It's always hard when those in charge, mostly men, think they have a right to one's body. And of coursethey make the woman solely responsible for the pregnancy and raising the child. If they were righteous ,they would be punishing the men who got the women pregnant just as much as they are punishing thewomen. But then, it's Texas. What else can one expect. It's too bad we took it from the Mexicans. Thejust thing would be for the Mexicans to pour across the border in such numbers that in five years, it willall Mexican. That would be righteous retribution for what the rulers of that state have done. I call themrulers because they are so far from being 'representatives'.
If a man wants a woman to get an abortion but she doesn't, he's on the hook for a long list ofbills. If a woman wants an abortion but the man doesn't, he's on the hook for a long list of bills. Both parties are responsible, but more so the woman in her ultimate decision pretending toown her temporary body.
To say that a woman is solely responsible for raising the child is minimizing the input thatchild support from the man offers. The child support isn't for the woman, it's for the child.Both the man and the woman should be punished for their actions, and rightly so. She getsto suffer raising the child or the aftereffects of the abortion, and he gets to suffer costlysupport. Sadly the child will feel its effects, too. There is only sympathy for the child, not foreither of the parents.
Wrap it, or don't do it at all. You inherit the risk, if you could control yourself.
NEWSLETTERSIGNUP
YOUTUBESECTIONS U.S.
INTERNATIONAL
ECONOMY
TECHNOLOGY
SCIENCE
ENVIRONMENT
SPORTS
CULTURE
HUMAN RIGHTSTRENDING ELECTION 2016
IMMIGRATION
DRUGS
SPECIAL COVERAGE
Visit Al Jazeera English
NEWS VIDEO SCHEDULE MORE
Search
HOVER OVER TEXAS TO EXPLORE HOW THE LAWWOULD AFFECT THOSE LIVING ACROSS THE STATE.
222
555333
111111
111
111
111
101010444666
111
111
111
222111
222
111
111
111
111
111
111
111111
You are hereNumber of open clinicsAll clinics closedFemale population, age 15-44State mandates in-person counseling 24 hours prior,requires two trips. Texas requires this provision iftraveling less than 100 miles.
Note: Actual travel distances may be longer. Not allclinics have closed as a direct result of the law. Someclinics have cited general pressure or combinations ofnew regulations in recent years.
222111
222111
111
111 111
222111
222
111
111
111
111
OPEN TEMPORARILY IF LAW IS UPHELD
HOVER OVER TEXAS TO EXPLORE HOW THE LAWWOULD AFFECT THOSE LIVING ACROSS THE STATE.
222
555333
111111
111
111
111
101010444666
111
111
111
222111
222
111
111
111
111
111
111
111111
McAllen
You are hereNumber of open clinicsAll clinics closedFemale population, age 15-44State mandates in-person counseling 24 hours prior,requires two trips. Texas requires this provision iftraveling less than 100 miles.
Note: Actual travel distances may be longer. Not allclinics have closed as a direct result of the law. Someclinics have cited general pressure or combinations ofnew regulations in recent years.
222111
222111
111
111 111
222111
222
111
111
111
111
McAllen
San Antonio
OPEN TEMPORARILY IF LAW IS UPHELD
HOVER OVER TEXAS TO EXPLORE HOW THE LAWWOULD AFFECT THOSE LIVING ACROSS THE STATE.
222
555333
111111
111
111
111
101010444666
111
111
111
222111
222
111
111
111
111
111
111
111111Midland
You are hereNumber of open clinicsAll clinics closedFemale population, age 15-44State mandates in-person counseling 24 hours prior,requires two trips. Texas requires this provision iftraveling less than 100 miles.
Note: Actual travel distances may be longer. Not allclinics have closed as a direct result of the law. Someclinics have cited general pressure or combinations ofnew regulations in recent years.
222111
222111
111
111 111
222111
222
111
111
111
111
Midland
San Antonio
OPEN TEMPORARILY IF LAW IS UPHELD
Leaders of Oregon militia occupationarrested at traffic stop
Chinese government scraps massiveMao statue
Technology isn’t just for boys. Seehow DigiGirlz is making a difference
Promoted by Microsoft Corporation
Mexico blocks extradition of Texas'affluenza' teen
Yoga guru Bikram Choudhury losessexual-harassment suit
Oregon standoff: What if the armedoccupiers were black or Muslim?
On TV NowFault Lines: Forgotten Youth:Inside America's Prisons3:30pm ET / 12:30pm PT
VIEW FULL SCHEDULE
Enter zip code GO
Find Al Jazeera America on your TV
Why Democrats must debateabortion
Putin mania: Russianpersonality cult obsessedwith powerful president
Israel to seize West Bankland; demolishes EUstructures
Georgia businesses assesscosts of ‘religious freedom’law
Oscar voters need to takeresponsibility
Login
Post
Reply
Reply
Reply
Reply
Reply
Reply
Reply
Reply
Reply
Reply
Reply
Reply
Reply
Reply
Reply
YOUR WORLD THIS MORNINGClinton, Sanders spar over specifics inIowa
YOUR WORLD THIS MORNINGYoga used to help kids cope withviolence in Chicago
AL JAZEERA AMERICA NEWSSeeking charges against a Chicagoofficer
Watch more videosWATCH
About
Our Mission, Vision and Values
Code of Ethics
Social Media Policy
Leadership
Contact Us
Press Releases
Awards andAccomplishments
Visit Al JazeeraEnglish
Mobile
Newsletter
RSS
Site Map
Privacy Policy
Terms of Use
Subscribe to YouTubeChannel
FAQ
Community Guidelines
Site Index
© 2016 Al Jazeera America, LLC. All rights reserved.
NEWS OPINION VIDEO SHOWS SCHEDULE
PLACESTexas
TOPICSAbortion
1
2
3
4
5
COMMENTS
submit
1K
ShareShare
If you are near McAllen, Texas6 of 7 of your closest clinics will closeand your nearest clinic is 220 miles away, 220 miles farther than 20 months ago.
If you are near Midland, Texas6 of 7 of your closest clinics will closeand your nearest clinic is 280 miles away, 270 miles farther than 20 months ago.
May 1, 2013 Now
May 1, 2013 Now
May 1, 2013 Now