Appeals Court Reinstates Texas Ban on Abortions as Non-Essential During Crisis
Apr 10, 2020
On Thursday, the U.S. Court of Appeals for the 5th Circuit issued a 2–1 decision overruling a federal district court that had issued an order temporarily prohibiting Texas from implementing Governor Greg Abbott’s decision to include abortion within its ban on elective surgery during the coronavirus pandemic.
In issuing the restraining order last week, U.S. District Judge Lee Yeakel stated, “before fetal viability outside the womb, a state has no interest sufficient to justify an outright ban on abortions.”
However, writing for the majority of the three-judge appeals panel, Judge Kyle Duncan ruled, “When faced with a society-threatening epidemic, a state may implement emergency measures that curtail constitutional rights so long as the measures have at least some ‘real or substantial relation’ to the public health crisis and are not ‘beyond all question, a plain, palpable invasion of rights secured by the fundamental law.’” In his dissent, Judge James L. Dennis contended that delaying an abortion procedure “could easily amount to a total denial of that constitutional right.”
In a press release Wednesday, Texas Attorney General Ken Paxton thanked the court for its decision and noted, “Governor Abbott’s order ensures that hospital beds remain available for Coronavirus patients and personal protective equipment reaches the hardworking medical professionals who need it the most during this crisis.”
As you might expect, abortion giant Planned Parenthood is not remaining silent. The organization’s CEO, Alexis McGill Johnson, tweeted, “Abortion is essential, time-sensitive, and it CANNOT wait for a pandemic to pass…We won’t let this injustice stand. Our patients deserve better.”
Planned Parenthood and the other abortion providers who brought the suit are expected to appeal.
Texas can ban most abortions during coronavirus shutdown: appeals court panel
Christian Post
Court Rules Texas Can Ban Abortions During Pandemic
Breitbart
Appeals Court Order
Texas Attorney General
AG Paxton: Fifth Circuit Upholds Governor’s Order Halting Unnecessary Medical Procedures During COVID-19 Disaster
Texas Attorney General
NOTE: FACT provides links to external websites for educational purposes only. The inclusion of any links to other websites does not necessarily constitute an endorsement.
In issuing the restraining order last week, U.S. District Judge Lee Yeakel stated, “before fetal viability outside the womb, a state has no interest sufficient to justify an outright ban on abortions.”
However, writing for the majority of the three-judge appeals panel, Judge Kyle Duncan ruled, “When faced with a society-threatening epidemic, a state may implement emergency measures that curtail constitutional rights so long as the measures have at least some ‘real or substantial relation’ to the public health crisis and are not ‘beyond all question, a plain, palpable invasion of rights secured by the fundamental law.’” In his dissent, Judge James L. Dennis contended that delaying an abortion procedure “could easily amount to a total denial of that constitutional right.”
In a press release Wednesday, Texas Attorney General Ken Paxton thanked the court for its decision and noted, “Governor Abbott’s order ensures that hospital beds remain available for Coronavirus patients and personal protective equipment reaches the hardworking medical professionals who need it the most during this crisis.”
As you might expect, abortion giant Planned Parenthood is not remaining silent. The organization’s CEO, Alexis McGill Johnson, tweeted, “Abortion is essential, time-sensitive, and it CANNOT wait for a pandemic to pass…We won’t let this injustice stand. Our patients deserve better.”
Planned Parenthood and the other abortion providers who brought the suit are expected to appeal.
News Sources
Texas can ban most abortions during coronavirus shutdown: appeals court panelChristian Post
Court Rules Texas Can Ban Abortions During Pandemic
Breitbart
Appeals Court Order
Texas Attorney General
AG Paxton: Fifth Circuit Upholds Governor’s Order Halting Unnecessary Medical Procedures During COVID-19 Disaster
Texas Attorney General
NOTE: FACT provides links to external websites for educational purposes only. The inclusion of any links to other websites does not necessarily constitute an endorsement.
