Planned Parenthood of Greater Texas Surgical Health Services et al v. Abbott et al

Filing 97

FINAL JUDGMENT. Signed by Judge Lee Yeakel. (kkc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
PLANNED PARENTHOOD OF GREATER
TEXAS SURGICAL HEALTH SERVICES,
PLANNED PARENTHOOD CENTER FOR
CHOICE, PLANNED PARENTHOOD SEXUAL
HEALTHCARE SERVICES, PLANNED
PARENTHOOD WOMEN'S HEALTH CENTER,
WHOLE WOMAN'S HEALTH, AUSTIN
WOMEN'S HEALTH CENTER KILLEEN
HEALTH CENTER, SOUTHWESTERN
WOMEN'S SURGERY CENTER, WEST SIDE
CLINIC, INC., ROUTH STREET WOMEN'S
CLINIC, HOUSTON WOMEN'S CLINIC,
EACH ON BEHALF OF ITSELF, ITS PATIENTS
AND PHYSICIANS, ALAN BRAID, M.D.,
LAMAR ROBINSON, M.D., PAMELA J.
RICHTER, D.O., EACH ON BEHALF OF
THEMSELVES AND THEIR PATIENTS,

PLAINTIFFS,

20130C128 PH I:3

LtTRi

CLERK U3
COURT
WESIERM STRJCT OF TEXAS

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PT P UT Y

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V.

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CAUSE NO. 1:1 3-CV-862-LY

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GREGORY ABBOTT, ATTORNEY GENERAL
OF TEXAS; DAVID LAKEY, M.D.,
COMMISSIONER OF THE TEXAS
DEPARTMENT OF STATE HEALTH
SERVICES; AND MART ROBINSON,
EXECUTIVE DIRECTOR OF
THE TEXAS MEDICAL BOARD,

DEFENDANTS.

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FINAL JUDGMENT
Before the court is the above styled and numbered cause. On October 18, 2013, upon
stipulation of the parties, the court dismissed from this action Defendants David Escamilla, County

Attorney for Travis County, Craig Watkins, Criminal District Attorney for Dallas County, Devon
Anderson, District Attorney for Harris County, Matthew Powell, Director of the Lubbock County
Criminal District Attorney's Office, James E. Nichols, County Attorney for Bell County, Joe

Shannon, Jr., Criminal District Attorney for Tarrant County, René Guerra, Criminal District Attorney
for Hidalgo County, Susan D. Reed, Criminal District Attorney for Bexar County, Abelino Reyna,

Criminal District Attorney for El Paso County, and Jaime Esparza, District Attorney for El Paso
County, each in their official capacities, as well as their employees, agents, and successors. On this
date by Memorandum Opinion Incorporating Findings of Fact and Conclusions of Law the court has

made certain findings and conclusions in this case. Based on the findings and conclusions the court

renders this final judgment.

THE COURT DECLARES that the following portions of Act of July 12, 2013, 83rd Leg.,
2d C.S., ch. 1,
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1-12, 2013 Tex. Sess. Law Serv. 4795-4802 ("act") are unconstitutional:

The proposed amendment to the Health and Safety Code of the State of Texas adding

Section 171.0031(a)(l) found in Section 2 of the act at page 2, lines 18 through 25.
2. The proposed amendment to the Health and Safety Code

of the State of Texas adding

section 171.063(a)(2), (b), (c), (e), and (f) found in Section 3 of the act at page 10, lines
27 and page 11 lines

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through

through 24, to the extent those provisions prohibit a medication abortion

where a physician determines in appropriate medical judgment, such a procedure is necessary for the

preservation of the life or health of the mother.

IT IS ORDERED that the State of Texas, its agents, employees, and any other persons or
entities acting on its behalf are enjoined from enforcing those sections of the act to the extent stated
herein, including enforcing the criminal and administrative penalties provided by the act against any

person accused of violating any provision of the act declared unconstitutional by this final judgment.

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Any claim for attorney's fees incurred in this action will be determined post judgment and

pursuant to Rule CV-7(j), of the Local Rules of the United States District Court for the Western
District of Texas.

IT IS FURTHER ORDERED that Plaintiffs recover their costs of court.
IT IS FURTHER ORDERED, except as expressly provided herein, all other relief
requested by any party is DENIED.
SIGNED this

day of October, 2013.

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UNITED STATES DISTRICT JUDGE