Court lifts part of order blocking Texas abortion ban

[Omaha Steve]

Source: AP

AUSTIN, Texas (AP) — A federal appeals court on Friday partially rescinded a lower-court order that had largely blocked the enforcement of an abortion ban in Texas during the coronavirus pandemic.

By a 2-1 vote, the three-judge panel of the 5th U.S. Circuit Court of Appeals upheld enforcement of an executive order by Texas Gov. Greg Abbott that includes abortion among non-essential medical procedures banned during the state of emergency.

However, the appeals court allowed the procedure to go ahead if delays would place the pregnancy beyond the 22-week state cutoff for abortions.

The ruling was agreed to by Judges Jennifer Walker Elrod, an appointee of President George W. Bush, and Kyle Duncan, an appointee of President Donald Trump. Judge James L. Dennis, an appointee of President Bill Clinton, dissented and opposed any stay of the lower-court order.



This Feb. 25, 2020 shows Preterm executive director Chrisse France in the procedure room, in Cleveland. Court decisions in two U.S. states Monday, April 6, allowed abortions to continue after the procedure was caught in the crosshairs of governors’ orders suspending non-essential elective surgeries due to the new coronavirus. (AP Photo/Tony Dejak)


Read more: https://apnews.com/3e4ca22347079bd41fd3861aeed45248

[turbinetree]

1. I guess two of them they didn't read or get the memo on the Roe V Wade Law..................

from the way I am reading this..............

[Igel]

2. The response to that is simple.

"At times a temporary restriction in the application of some rights is called for when there's a sufficient government interest."

It's the kind of boilerplate you hear all the time.

Most recently heard in some governor's halting gun background check and permit processing. "But it's a Constitutional right" "All rights have limits, esp. during emergencies."

Even Lincoln ignored habeas corpus for a while when he arrested MD state legislators and held them without trial. That was struck down, habeas corpus is a cornerstone of common law jurisprudence.

[quaint]

3. Just sick.

They think there is no more threat to a woman's health at five months vs five weeks.