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Earl Yeakel
Earl Leroy Yeakel III was a federal judge on the United States District Court for the Western District of Texas. He joined the court in 2003 after being nominated by President George W. Bush (R). Yeakel retired on May 1, 2023.[1]
Early life and education
A native of Oklahoma City, Oklahoma, Yeakel earned his bachelor's degree and from the University of Texas in 1966, his J.D. from the University of Texas School of Law and 1969, and his LL.M. from the University of Virginia School of Law in 2001.[1]
Military service
Yeakel served in the U.S. Marine Corps from 1967 to 1970.[1]
Professional career
- 2003 - 2023: Judge, United States District Court for the Western District of Texas
- 1998-2003: Justice, Texas Third District Court of Appeals
- 1998: Chief justice
- 1969-1998: Private practice, El Paso, Texas[1]
Judicial career
Western District of Texas
 |
| Nominee Information |
| Name: Earl Leroy Yeakel III |
| Court: United States District Court for the Western District of Texas |
| Progress |
| Confirmed 88 days after nomination. |
 Nominated: May 1, 2003
|
| ABA Rating: Majority Qualified, Minority Well Qualified
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| Questionnaire: |
| Hearing: June 25, 2003
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| Hearing Transcript: Hearing Transcript |
| QFRs: (Hover over QFRs to read more) |
| Reported: July 10, 2003
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| Confirmed: July 28, 2003
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| Vote: 91-0
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Yeakel was nominated by President George W. Bush on May 1, 2003, to a seat on the United States District Court for the Western District of Texas vacated by James Nowlin. The American Bar Association rated Yeakel Majority Qualified, Minority Well Qualified for the nomination. Hearings on Yeakel's nomination were held before the Senate Judiciary Committee on June 25, 2003, and his nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on July 10, 2003. Yeakel was confirmed on a recorded 91-0 vote of the U.S. Senate on July 28, 2003, and he received his commission the next day.[1][2][3]
Yeakel retired on May 1, 2023.[1]
Noteworthy cases
Planned Parenthood for Choice v. Abbott (2020)
Planned Parenthood for Choice v. Abbott: On March 25, 2020, a group of abortion providers filed suit against Gov. Greg Abbott (R) after he signed an executive order postponing all elective surgeries until April 21, which included abortions. The lawsuit was filed in the United States District Court for the Western District of Texas. The plaintiffs in the case were represented by Planned Parenthood Federation of America, the Center for Reproductive Rights, and the Lawyering Project.[4][5]
On April 9, Judge Earl Yeakel struck down portions of the executive order. His ruling allowed for abortions if the individual would be beyond the legal 22-week limit by April 21 and for medication abortions.[6] The ruling was appealed to the United States Court of Appeals for the Fifth Circuit. On April 10, the Fifth Circuit issued a 2-1 ruling that overturned the lower court's decision on medication abortions but did allow abortions to continue if the individual would be beyond the legal 22-week limit by April 21.[4]
On April 11, Planned Parenthood appealed to the Supreme Court of the United States, asking the court to overturn the ban on medication abortions. Prior to any action by the court, on April 13, the Fifth Circuit issued an unsigned opinion allowing medication abortions to proceed.[7]
Judge holds Texas law prohibiting abortion procedure unconstitutional (2017)
On November 22, 2017, Judge Lee Yeakel of the Western District of Texas issued a permanent injunction of Texas Senate Bill 8, which outlawed an abortion procedure known as dilation and evacuation (D&E). In his opinion, Judge Yeakel wrote, “The court concludes the Act is an inappropriate use of the State's regulatory power over the medical profession to bar certain medical procedures and substitute others in furtherance of the State's legitimate interest in regulating the medical profession in order to promote respect for the life of the unborn. The State's valid interest in promoting respect for the life of the unborn, although legitimate, is not sufficient to justify such a substantial obstacle to the constitutionally protected right of a woman to terminate a pregnancy before fetal viability.” Texas’ Attorney General, Ken Paxton, filed a notice of appeal with the Fifth Circuit Court of Appeals after Judge Yeakel’s ruling. [8]
Judge strikes part of Texas abortion law (2014)
Judge Yeakel struck part of an abortion law on the cusp of going into effect. Opponents of the provision, requiring abortion clinics to have surgical-standard buildings, equipment and staff, argued that it would have shut down all but six of the clinics in the state. Judge Yeakel found that the requirement created an undue burden on a woman's right to a pre-viability abortion. As a result, the provision had to be removed as unconstitutional. State officials, however, said they would appeal the judge's ruling. The Center for Reproductive Rights, which filed the lawsuit in this case, said the judge's ruling was a victory for women.
Articles:
- The New York Times, "Judge Rejects Texas Stricture on Abortions," August 29, 2014
- Christian News, "Judge Strikes Key Parts of Texas Law That Would Have Closed Most of State’s Abortion Facilities - See more at: http://christiannews.net/2014/08/30/judge-strikes-key-parts-of-texas-law-that-would-have-closed-most-of-states-abortion-facilities/#sthash.lXgirV6j.dpuf," August 30, 2014
Parts of Texas abortion law blocked (2013)
On October 28, 2013, Judge Yeakal prevented parts of a controversial abortion law in Texas from taking effect. (This law was the same one famously filibustered by Texas State Senator Wendy Davis in June 2013.) The provisions requiring doctors performing the procedure to have admitting privileges at nearby hospitals and regulating use of abortion-inducing drugs were blocked. In the ruling, Judge Yeakel said that requiring doctors to have admitting privileges:
| “ | does not bear a rational relationship to the legitimate right of the state in preserving and promoting fetal life or a woman’s health.[9] [10] | ” |
Governor Rick Perry said that the state will continue to enforce the parts of the law blocked by the ruling as the state appealed to the Fifth Circuit Court of Appeals.[11]
Aspects of the law were not challenged or will still stand following the ruling, including: requiring that women have an extra office visit before undergoing the procedure, a ban on abortions 20 weeks after conception and a requirement that abortion centers meet the specifications of ambulatory surgery centers.[11]
Update
On October 31, 2013, a panel of judges on the Fifth Circuit reinstated most of the provisions previously ruled unconstitutional by Judge Yeakel, with the exception of regulations for abortion-inducing drugs. The ruling issued an emergency stay while the constitutionality of the law was being considered. The stay allowed the law to go into effect on November 1, 2013.[12]
In a statement, Texas attorney teneral and 2014 gubernatorial candidate Greg Abbott said:
| “ | This unanimous decision is a vindication of the careful deliberation by the Texas Legislature to craft a law to protect the health and safety of Texas women.[13] [10] | ” |
The president of Planned Parenthood Federation of American disagreed with that assessment, stating:
| “ | This restriction clearly violates Texas women’s constitutional rights by drastically reducing access to safe and legal abortion statewide.[14][10] | ” |
Medical/legal contact with patients/arrestees (2010)
Judge Yeakel presided in a case involving a Texas State law on contact between doctors and patients in a medical malpractice challenge. Judge Yaekel ruled that the law, which prohibits doctors from contacting patients within 30 days of an accident or attorneys within one month of an arrest, was unconstitutional. The judge found that the law violated the First Amendment on grounds of freedom of speech.[15]
See also
- United States District Court for the Western District of Texas
- United States Court of Appeals for the 5th Circuit
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Federal Judicial Center, "Biography of Judge Earl Leroy Yeakel III," accessed May 29, 2017
- ↑ United States Congress, "PN 583 — Earl Leroy Yeakel III — The Judiciary," accessed May 29, 2017
- ↑ American Bar Association, "Ratings of Article III judicial nominees, 108th Congress," accessed May 29, 2017
- ↑ 4.0 4.1 NBCNews, "Appeals court lifts part of order blocking Texas abortion ban," April 10, 2020
- ↑ Planned Parenthood, "Texas Abortion Providers File Emergency Lawsuit to Keep Essential Abortion Procedures Available During Pandemic," March 25, 2020
- ↑ The Texas Tribune, "Some abortions may proceed in Texas during the coronavirus pandemic, federal judge rules," April 9, 2020
- ↑ SCOTUSblog, "Texas abortion dispute reaches Supreme Court (Updated)," April 11, 2020
- ↑ U.S. District Court for the Western District of Texas, Whole Women's Health et al. v. Ken Paxton et. al., November 22, 2017
- ↑ Statesmen.com, "Judge blocks key part of Texas abortion law," October 28, 2013
- ↑ 10.0 10.1 10.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 11.0 11.1 The New York Times, "Judge in Texas Partly Rejects Abortion Law," October 28, 2013
- ↑ FoxNews, "Federal appeals court reinstates most of Texas' abortion restrictions," October 31, 2013
- ↑ CBSNews, "Federal appeals court reinstates key restriction in Texas abortion law," October 31, 2013
- ↑ The Los Angeles Times, "Appeals court lifts injunction on Texas abortion law," October 31, 2013
- ↑ The Houston Chronicle, "Judge tosses out Texas law limiting medical and legal contact," March 26, 2010
| Political offices | ||
|---|---|---|
| Preceded by James Nowlin |
United States District Court for the Western District of Texas 2003-2023 |
Succeeded by - |
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|---|---|---|---|
| 2001 |
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| 2004 |
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| 2005 |
Alito • Barrett • Batten • Bianco • Brown • Burgess • Conrad • Cox • Crotty • Delgado-Colon • Dever • DuBose • Griffin • Griffith • Johnston • Kendall • Larson • Ludington • Mattice • McKeague • Neilson • Owen • Pryor • Roberts • Sandoval • Schiltz • Seabright • Smoak • Van Tatenhove • Vitaliano • Watkins • Zouhary | ||
| 2006 |
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| 2007 |
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| 2008 |
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Federal courts:
Fifth Circuit Court of Appeals • U.S. District Court: Eastern District of Texas, Western District of Texas, Northern District of Texas, Southern District of Texas • U.S. Bankruptcy Court: Eastern District of Texas, Western District of Texas, Northern District of Texas, Southern District of Texas
State courts:
Texas Supreme Court • Texas Court of Appeals • Texas Court of Criminal Appeals • Texas District Courts • Texas County Courts • Texas County Courts at Law • Texas Statutory Probate Courts • Texas Justice of the Peace Courts
State resources:
Courts in Texas • Texas judicial elections • Judicial selection in Texas
