Three Texas abortion clinics immediately filed suit to block the law, and in August a Federal judge in Austin ruled the law unconstitutional because it would restrict too many women's access to abortion.
Then-Texas Attorney General Greg Abbott appealed the Austin decision to the 5th Circuit Court of Appeals in New Orleans, and last Tuesday, 9 June 2015, the 5th Circuit Court upheld the Texas law.
The losers in this case will almost certainly appeal to the Supreme Court, but meanwhile the law has had its intended effect. Of the 41 abortion clinics operating in Texas in 2012, twenty-three have closed due to unsafe or unsanitary conditions. Of the remaining 18, eight will have to close to comply with the now verified law, leaving a total of ten in the State of Texas – two in Houston, three in Dallas-Fort Worth, three in San Antonio, one in Austin, and one in McAllen.
Thus Texas, where Norma McCorvey (aka Jane Roe) first filed the charges against Dallas County District Attorney Henry Wade that precipitated the Supreme Court's 1973 decision legalizing abortion in the United States, has taken a bold step in curtailing profligate and dangerous activity in the practice of prenatal infanticide within its borders.
This Texas success story illustrates several points. First, never give up. Governor Perry overrode Ms. Davis' pink tennis shoes and depends attempt to derail the will of the People of Texas by exercising his power under the Texas Constitution to convene special sessions of the Legislature for specific purposes. Attorney General Abbott refused to accept the Austin Judge's August 2013 decision and appealed – successfully, as it turns out – to a higher court.
The second lesson to be learned from this exercise is always work within the law. We are republicans – citizens of a republic – and republicans always respect the rule of law. It may be hard at times to wait two years – or longer – for exoneration, but the alternative is anarchy and chaos. As Sextus Empiricus said, "The mills of the gods grind slowly, but they grind exceeding fine."
(This does not mean, of course, that we should abandon the ultimate protection from the government provided us under the Second Article of the Bill of Rights in the United States Constitution, but the credible threat of force is usually more than enough to constrain an entity as cowardly as government.)
Meanwhile, Wendy Davis lost her bid for the Governorship of Texas in November 2014 by 20 percentage points and lost her Texas Senate seat to Republican Konni Burton. Wendy Davis was last seen working as a fry cook at a McDonalds on highway 30 west of Fort Worth.