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Texas Abortion Providers Ask Appeals Court to Suspend Order Upholding HB2

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Daniel Reese/KUT News
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The Fifth U.S. Circuit Court of Appeals upheld a provision of a 2013 Texas abortion law, HB2, which requires abortion physicians to receive admitting privileges at nearby hospitals.

Abortion providers in Texas want a federal appeals court to block its own ruling. They’re asking the Fifth U.S. Circuit Court of Appeals to stay its decision upholding a 2013 abortion law, because allowing the law to go into effect would leave Texas with no more than eight clinics. [Read the stay request here.]

On Tuesday, the Fifth Circuit upheld the Texas law (HB 2) requiring abortion physicians to have admitting privileges at nearby hospitals. 

One doctor in McAllen is exempt, though, and all clinics must be equipped as hospital-style surgical centers.

"And as a result most of them will close," says David Brown, a staff attorney with the Center for Reproductive Rights, which is representing abortion providers in the case against the Texas abortion law. This order takes effect July 1. 

Plaintiffs are trying to prevent that by asking the Fifth Circuit to suspend its order while the case is appealed to the U.S. Supreme Court.

"If we hear from them negatively, we will seek another stay in the Supreme Court this time, asking for the same thing," Brown says. 

Separately, plaintiffs are asking the U.S. Supreme Court to review the case altogether, following this week’s decision from the Fifth Circuit. 

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