Texas files appeal following federal ruling state's new abortion law is unconstitutional

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Judge blocks two parts of controversial Texas abortion law

Shepard Smith reports from the News Deck

Texas officials have appealed a decision made Monday in federal court that would block a part of the state’s new abortion law requiring doctors who perform an abortion to have admitting privileges at a nearby hospital.

District Judge Lee Yeakel ruled Monday that the provision in the bill violates the rights of abortion doctors to do what they think is best for their patients and would unreasonably restrict a woman’s access to abortion clinics.

Attorney General Greg Abbott filed an emergency appeal of Yeakel's order to the 5th Circuit Court of Appeals in New Orleans.

"As everyone ... has acknowledged, this is a matter that will ultimately be resolved by the appellate courts or the U.S. Supreme Court,” said Lauren Bean, a spokeswoman for the Texas Attorney General's Office.

In addition, the office filed an emergency motion Tuesday asking the courts to stay final judgement on Monday's ruling pending the appeal.

Lawyers for Planned Parenthood and other abortion providers brought the lawsuit, arguing that a requirement that doctors have admitting privileges at a hospital within 30 miles of the abortion clinic would force the closure of a third of the clinics in Texas.

They also complained that requiring doctors to follow the Food and Drug Administration's original label for an abortion-inducing drug would deny women the benefit of recent advances in medical science.

The Texas attorney general's office argued that the law protects women and the life of the fetus.

Mississippi passed a similar law last year, which a federal judge also blocked pending a trial scheduled to begin in March. Mississippi's attorney general asked the 5th Circuit to lift the temporary injunction so the law could be enforced, but the judges have left it in place signaling they believe there is a legitimate constitutional question.

Unlike the Mississippi case, Yeakel's order is a final decision, setting the groundwork for the 5th Circuit to review the merits of the law, not just an injunction against it.

The proposed restrictions were among the toughest in the nation and gained notoriety when Democratic state Sen. Wendy Davis launched a nearly 13-hour filibuster against them in June. The law also bans abortions at 20 weeks of pregnancy and beginning in October 2014 requires doctors to perform all abortions in surgical facilities.

The filibuster forced Gov. Rick Perry to call a second special legislative session for the Republican-controlled Legislature to pass the law. Davis is now running for governor on a women's rights platform. Since Perry is retiring, Abbott is Davis' likely Republican opponent, adding a political layer to the legal drama.

During the trial, officials for one chain of abortion clinics testified that they've tried to obtain admitting privileges for their doctors at 32 hospitals, but so far only 15 accepted applications and none have announced a decision. Many hospitals with religious affiliations will not allow abortion doctors to work there, while others fear protests if they provide privileges. Many have requirements that doctors live within a certain radius of the facility, or perform a minimum number of surgeries a year that must be performed in a hospital.

The Associated Press contributed to this report.