TX, OH, AL Blocked From Banning Abortions Due to COVID-19
Apr 3, 2020
Federal district court judges put temporary restraining orders on Texas, Ohio, and Alabama where Attorneys General Ken Paxton of Texas, Dave Yost of Ohio, and Steve Marshall of Alabama had declared that abortions were included in their respective state’s ban on non-essential surgery during the COVID-19 crisis. The AGs reasoned that personal protective equipment was more needed for health care workers fighting a pandemic than for those performing an abortion.
Texas District Court Judge Lee Yeakel issued a temporary stay until April 13. The judge said, “Regarding a woman’s right to a pre-fetal-viability abortion, the Supreme Court has spoken clearly. There can be no outright ban on such a procedure.” He continued, “The benefits of a limited potential reduction in the use of some personal protective equipment by abortion providers is outweighed by the harm of eliminating abortion access in the midst of a pandemic that increases the risks of continuing an unwanted pregnancy.”
Last Friday Yost sent a cease and desist letter to a couple of Ohio abortion clinics that were not complying with the Ohio Department of Health’s order to stop abortions.
But on Monday, District Court Judge Michael Barrett also ruled against the state in favor of Planned Parenthood, who sued. Barrett issued a two-week stay.
In a prepared statement, Yost said that the state would appeal. “The state of Ohio’s overriding interest is to save lives in light of the COVID-19 public health emergency. That’s the only reason for the Health Department’s order,” he said.
A hearing has been set for today in Alabama to determine whether the court’s preliminary injunction will continue.
Paxton has also said he would appeal the Texas order.
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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.
Texas District Court Judge Lee Yeakel issued a temporary stay until April 13. The judge said, “Regarding a woman’s right to a pre-fetal-viability abortion, the Supreme Court has spoken clearly. There can be no outright ban on such a procedure.” He continued, “The benefits of a limited potential reduction in the use of some personal protective equipment by abortion providers is outweighed by the harm of eliminating abortion access in the midst of a pandemic that increases the risks of continuing an unwanted pregnancy.”
Last Friday Yost sent a cease and desist letter to a couple of Ohio abortion clinics that were not complying with the Ohio Department of Health’s order to stop abortions.
But on Monday, District Court Judge Michael Barrett also ruled against the state in favor of Planned Parenthood, who sued. Barrett issued a two-week stay.
In a prepared statement, Yost said that the state would appeal. “The state of Ohio’s overriding interest is to save lives in light of the COVID-19 public health emergency. That’s the only reason for the Health Department’s order,” he said.
A hearing has been set for today in Alabama to determine whether the court’s preliminary injunction will continue.
Paxton has also said he would appeal the Texas order.
News Sources
Coronavirus: Federal judge rules abortion procedures can continue during outbreakMontgomery Advertiser
Federal Judges Block State-Issued Abortion Bans in Texas, Ohio
National Review
Judges block Texas, Ohio, Alabama from banning abortion as part of coronavirus response
The Hill
Judges stop Ohio, Texas, Alabama from banning abortions during COVID-19 pandemic
Fox 19
Ohio AG Cracks Down on Abortion Providers Defying Orders to Preserve Protective Health Gear
National Review
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.
