Texas abortion law takes strange turn

Well, how about this: A federal judge nominated by a recent Republican president has overturned part of Texas’s controversial anti-abortion law.

U.S. District Judge Lee Yeakel, picked for the federal bench in Austin by President George W. Bush in 2003, has tossed a serious wrench into the state’s effort to make abortion an illegal act in Texas.

http://www.texastribune.org/2013/10/29/federal-court-rules-abortion-restriction-unconstit/

Yeakel has ruled that the portion of the law that requires abortion providers to be within 30 miles of hospital is unconstitutional. Here is how Texas Tribune reported the judge’s ruling: “Abortion providers would have been required to obtain hospital admitting privileges within 30 miles of the abortion facility and follow federal standards for the administration of abortion-inducing drugs. Yeakel ruled that the hospital privileges requirement was unconstitutional because it created an undue burden on women without serving a rational purpose. He also said drug-induced abortions could be performed following a common evidence-based regimen if the physician believed it was safer for the patient.”

The state has asked for a stay of the judge’s ruling. No word as I write this about whether the stay has been granted.

Here’s a case of a judge unencumbered by politics, ruling without threat of reprisal.

I do like the federal standard for judicial appointments. A lot of federal judges over many decades have disappointed their political sponsors by issuing rulings that run counter to the political leanings of the person who appoints them. Critics of these judges usually label them a “activist” or “out of the mainstream” or some other pejorative term.

My own view is that judges should be free to rule on the law as they interpret it without fearing for their political survival. State judges — such as those we elect in Texas — often are punished at the ballot box for delivering decisions that upset voters, regardless of the legal correctness of that decision.

Judge Yeakel has opened a big-time debate now in Texas over whether the anti-abortion law — which produced a legislative debate that propelled Democratic state Sen. Wendy Davis onto the national stage with her wild filibuster — can pass constitutional muster.

Oh, the complexity of a democratic form of government.