POSTED: Tuesday, October 29, 2013 - 5:10pm
UPDATED: Wednesday, October 30, 2013 - 8:01pm
Tyler, Texas (KETK) — This summer the Texas legislature passed an abortion law that was set to go into effect this week.
However, on Monday a federal judge ruled one provision of this law unconstitutional.
Smith County Republican Party Chairman, Tim McCormick said, "We were hoping that the judge would have ruled else wise, but at the same time we're not totally surprised given where it's gone through".
Out of the entire law, only 2 provisions were challenged by the federal judge. The first measure deemed unconstitutional requires doctors performing the abortion to have a hospital within 30 miles of the abortion facility. The second provision partly upheld by the new ruling, requires doctors to use a particular drug protocol in non-surgical abortions.
The next step in this process brings the ruling to the fifth court of appeals in New Orleans. McCormick says, "That's a conservative court of appeals so there's a chance that it will be upheld there".
If that ruling is challenged yet again, it may end up in the Supreme Court.