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Abortion Law Ruled Unconstitutional By Federal Judge

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(credit: Joe Raedle/Getty Images)

(credit: Joe Raedle/Getty Images)

A Federal judge rules the Texas abortion law is unconstitutional.

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The judge threw out the new rules that would have required abortion providers to have admitting privileges at a hospital within 30 miles.

The restrictions were to have gone into effect Tuesday.

Planned Parenthood and other abortion providers argued requiring doctors to have admitting privileges within 30 miles of a hospital would force a third of the state’s abortion clinics to close.

Texas Right to Life spokesperson Emily Horne told ABC News the next step is for the state to appeal in circuit court. “We are still behind this law. We think it’s a very common-sense health and safety measure and we will wait and see what happens,” Horne said.

Heather Busby, executive director at the National Abortion Rights Action League, told ABC News that she expects the ruling to be appealed. “It would be my hope that the Fifth Circuit would put aside personal beliefs and ideology and politics, and decide this based on the law; and the admitting privileges are clearly an undue burden upon women,” Busby said.

Texas Attorney General Gregg Abbott has already appealed the ruling.

The state argued it has a right to protect “fetal life.”

Again, the judge just ruled the abortion law passed in Texas this summer is unconstitutional.

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