In an interview Friday morning on a New York public radio show, Democratic gubernatorial candidate Wendy Davis said she remains hopeful that the U.S. 5th Circuit Court of Appeals will not overrule U.S. District Judge Lee Yeakel's decision that a provision of Texas' new abortion law is unconstitutional.
But Davis also cast doubt on that possibility in her comments on WNYC's The Brian Lehrer Show.
"The 5th Circuit tends to be a very conservative one," Davis said. "Unfortunately we’ve seen them overturn what we believe to be very good decisions at the federal district court level on many occasions. But I remain hopeful."
In arguments being presented Friday before the court, attorneys are asking the 5th Circuit Court to reverse Yeakel's decision overturning new state requirements that abortion facilities meet the same standards as ambulatory surgical centers. The requirements, which include minimum sizes for rooms and doorways and having pipelines for anesthesia, had been set to take effect Sept. 1.
When asked about the revelations in her recent memoir that she had terminated a 1997 pregnancy due to the fetus having an acute brain abnormality , Davis declined to elaborate on how the most recent Texas restrictions would have affected her situation.
"I don't think about my daughter through a political lens," Davis said.