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Opinion

Sorry, Wendy Davis, but 5th Circuit says abortion law is constitutional

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Beltway Confidential,Opinion,Texas,Abortion,Ashe Schow,Wendy Davis,Planned Parenthood

A three-judge panel for the 5th U.S. Circuit Court of Appeals has upheld the controversial anti-abortion law that gubernatorial candidate Wendy Davis filibustered last year.

All three judges are women, by the way, which kind of takes away the whole "war on women" argument.

“During trial proceedings, Planned Parenthood conceded that at least 210 women in Texas annually must be hospitalized after seeking an abortion,” the court's ruling said. “Witnesses on both sides further testified that some of the women who are hospitalized after an abortion have complications that require an Ob/Gyn specialists' treatment.”

“Against Planned Parenthood's claims that these women can be adequately treated without the admitting-privileges requirement, the State showed that many hospitals lack an Ob/Gyn on call for emergencies,” the ruling continued.

Abortion advocates naturally plan to appeal.

The case is ultimately expected to be decided by the U.S. Supreme Court, but not before the November election. This means that Davis, who launched her entire campaign due to the notoriety she received from her filibuster, won't have a victory to hang her hat -- or pink shoes -- on.

CORRECTION: The ruling in this case was by the 5th U.S. Circuit Court of Appeals, which is based in New Orleans. The Washington Examiner regrets the error. This story was updated at 10 p.m. March 28 to reflect the change.
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