2014) (narrowing the district court’s injunction to correspond with the scope of the plaintiffs’ requested relief). I agree with a stay of the district court’s facial invalidation of the admitting-privileges requirement because the plaintiffs did not request that relief. 1: 14-CV-284-LY (W.D. (f) (“Where important human values . previability[] abortions.” Carhart, 550 U.S. at 156.Though Plaintiffs sought only as-applied relief from the admitting privileges requirement, limited to two abortion clinics—one in El Paso and one in McAllen—the district court, in its final judgment, appears to have facially invalidated the admitting privileges requirement throughout Texas.
are at stake, even a slight change of circumstances may afford a sufficient basis for concluding a second action may be brought.”).The ruling is at odds with the district court decision which found that these requirements constituted an “undue burden” on women seeking abortions because they would have to travel so far, with roughly,Two weeks later, the Supreme Court vacated this decision, meaning that the law will.The law in question is the one that Texas State Senator Wendy Davis famously tried to filibuster in June of 2013.two recent amendments to Texas’s laws pertaining to the performing of abortions. In the interests of efficiency and finality, the doctrine of res judicata bars litigation of claims that have been litigated or could have been raised in a prior lawsuit. In regards to the facial challenge to the admitting privileges requirement, the district court erred by granting unrequested relief. At issue is H.B. Aug. 29, 2014) (hereinafter [Whole Woman’s Health Judgment] (emphasis added); see also Whole Woman’s Health v. Lakey, No. The Eighth Circuit has held that no travel distance within the state is too far. See 2013 Texas House Bill No. WHOLE WOMAN’S HEALTH v. LAKEY 285 Cite as 769 F.3d 285 (5th Cir.
. 1994).
See, e.g., Abbott I, 734 F.3d at 419.I too would deny the State’s motion for a blanket stay of the district court judgment entered on August 29, 2014, pending appeal. See Brown v. Felsen, 442 U.S. 127, 131 (1979) (“Res judicata prevents litigation of all grounds for, or defenses to, recovery that were previously available to the parties, regardless of whether they were asserted or determined in the prior proceeding.”).Even if Plaintiffs’ claims are not barred by res judicata, the State is still likely to succeed on the merits of whether the admitting privileges requirement and the ambulatory surgical center provision, as applied to the McAllen clinic, have the effect of imposing an undue burden on women in the Rio Grande Valley.As to the El Paso clinic, we grant, in part, and deny, in part, the State’s motion to stay the district court’s injunction of the ambulatory surgical center provision.
. We have not so held. On October 14, 2014, the U.S. Supreme Court issued an order in a federal case involving challenges to abortion-related laws enacted by the State of Texas. Carhart, 550 U.S. at 161 (emphasis added).Abbott II, 748 F.3d at 594. The district court did not cite to record evidence or make any findings to support its conclusion that the ambulatory surgical center provision imposes an undue burden as applied to medication abortions.25 Indeed, at oral argument, Plaintiffs could not identify any findings in the district court’s opinion supporting the conclusion that the ambulatory surgical center provision imposed an undue burden as applied to medication abortion. The proposed legislation for what became H.B. Finally, I would narrow the stay so that it does not reach the admission- privileges requirement as applied to the McAllen and El Paso clinics, which the district court found would result in closure of all clinics west and south of San Antonio.1.1 Plaintiffs in this lawsuit are some of the abortion providers in Texas: Whole Woman’s Health; Austin Women’s Health Center; Killeen Women’s Health Center; Nova Health Systems d/b/a Reproductive Services; and Sherwood C. Lynn, Jr., M.D., Pamela J. Richter, D.O., and Lendol L. Davis, M.D., on behalf of themselves and their patients.1 I do not believe that the State has shown a strong likelihood of success on the merits of its argument that this as-applied challenge is barred by res judicata. The district court provided no support for its conclusion other than its improper balancing. 2013) (Manion, J., concurring) (“The notion that abortion doctors will be unable to obtain admitting privileges is a fiction.”). Whole Woman's Health v. Lakey, No. Surgical Health Servs. 2 passed with a 96-49 vote.3 The bill was then sent to the Texas Senate, which also held a public hearing and read the bill three times.4.“Factual findings by the district court are typically reviewed for clear error.” City of Alexandria v. Brown, 740 F.3d 339, 352 (5th Cir. 1390 after the plaintiff’s doctors were conclusively denied admitting privileges).
Regarding the other three factors we must weigh in determining whether to grant a motion to stay pending appeal, the State has also met its burden. 2014). 3 2 Case: 14-50928 Document: 00513071917 Page: 3 Date Abbott II specifically upheld the facial constitutionality of the admitting privileges requirement.
Aug. 1, 2014) (order on motion to dismiss). 748 F.3d at 599–600.We begin with the purpose inquiry.
This court in Abbott II disavowed relying on any new factual developments that were not in the record before the district court during the bench trial in Abbott. To the extent the State’s interest is at stake, so is the public’s. Upon Plaintiffs’ application, the Supreme Court vacated the stay in part.
2, and that after the ambulatory surgical center provision takes effect, only seven or eight clinics will remain, representing more than an 80% reduction in clinics statewide in nearly fourteen months, with a 100% reduction in clinics west and south of San Antonio.
Tex. 2014) the plaintiff to recover more than what is pled.
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