Whole Woman's Health v. David Lakey

833 F.3d 565, 2016 WL 4409293

Opinion

ON REMAND FROM THE SUPREME COURT OF THE .UNITED STATES

PER CURIAM:

In light of Whole Woman’s Health v. Hellerstedt, — U.S. -, 136 S.Ct. 2292, 195 L.Ed.2d 665 (2016), Texas Health and Safety Code section 171.0031(a)(1), enacted by Act of July 12, 2013, 83d Leg., 2d C.S., ch. 1, § 2, 2013 Tex. Gen. Laws 5013, 5013-14, which requires a physician performing an abortion to have active admitting privileges at a hospital within 30 miles of the location of the abortion, along with its implementing regulations, 25 Tex. Admin. Code §§ 139.53(c)(1), 139.56(a)(1), is unconstitutional and may not be enforced. Also in light of Whole Woman’s Health, the second sentence of Texas Health and Safety Code section 245.010(a) enacted by Act of July 12, 2013, 83d Leg., 2d C.S., ch. 1, § 4, 2013 Tex. Gen. Laws 5013, 5017, which requires abortion-facility regulations to meet the minimum standards of ambulatory surgical centers, along with its implementing regulation 25 Tex. Admin. Code § 139.40, is unconstitutional and may not be enforced.

This order does not enjoin the enforcement of any statute or regulation not specified above.

The judgment of the district court is vacated and the case is remanded for further proceedings not inconsistent with this opinion.

VACATED AND REMANDED.