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Texas Gets Green Light to Ban Abortions During Pandemic, Court Rules

State of Texas gets pro-life backing from federal appeals court

 on 8th April 2020 @ 5.00pm
pro lifers in texas can breathe a sign of relief as the state can ban abortions during the pandemic © press
Pro-lifers in Texas can breathe a sign of relief as the state can ban abortions during the pandemic

The State of Texas has won its case in the federal appeals court after the three-judge panel ruled in favor of allowing a ban on abortions to stand during the COVID-19 pandemic.

The U.S. Court of Appeals for the Fifth Circuit in New Orleans ruled Tuesday that Texas's enforcement of a ban on most abortions during the coronavirus crisis can stand.

The federal court overturned the decision of a lower court and affirmed the state’s right to ban elective abortions during the Chinese virus pandemic.

Gov. Greg Abbott and governors of other states have banned elective medical procedures, including abortions.

The move seeks to preserve personal protective equipment (PPE) for healthcare workers caring for victims of COVID-19 infection.

Judge Kyle Duncan, a Donald Trump appointee, cited precedent from the U.S. Supreme Court in his decision, The Texas Tribune reported.

judge kyle duncan cited precedent from the u s  supreme court in his decision © press
Judge Kyle Duncan cited precedent from the U.S. Supreme Court in his decision

"Individual rights secured by the Constitution do not disappear during a public health crisis, but … Rights could be reasonably restricted during those times," Duncan wrote.

Duncan added:

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.”

The Fifth Circuit said U.S. District Judge Lee Yeakel, who blocked the Texas ban stating, “before fetal viability outside the womb, a state has no interest sufficient to justify an outright ban on abortions,” had erred in his order.

According to the Tribune, Duncan said Yeakel’s order “[bestowed] on abortion providers a blanket exemption from a generally-applicable emergency public health measure.”

the move will likely please texas pro lifers  even if only temporarily © press
The move will likely please Texas pro-lifers, even if only temporarily

Duncan said Yeakel had represented Abbott’s order as a total ban on abortions, according to Breitbart.

“Properly understood,” he wrote, the governor’s executive order is a “temporary postponement” of many procedures, such as colonoscopies.

Members of the abortion industry condemned the Fifth Circuit’s decision and vowed to take further legal action.

[RELATED] Pelosi Caught Sneaking Abortion Funding Loopholes into Coronavirus Bill

tags: Abortion  | judge
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