On Tuesday afternoon, the Fifth Circuit Court of Appeals ruled that Texas can continue to “legally implement its near-total ban on abortion services amid the coronavirus outbreak.”
According to CBS News, for more than two weeks abortion services have been unavailable in Texas.
Texas Attorney General Paxton endorsed the decision, saying that any abortion “not medically necessary to preserve the life or health” of the patient must be halted as part of the state’s directive suspending “non-essential” medical procedures amid the coronavirus pandemic.
If the order is violated by doctors, they can face “penalties of up to $1,000 or 180 days of jail time.”
Despite the Supreme Court’s precedent on abortion protection, the ban was ruled as constitutional by two federal judges— Judge Kyle Duncan and Judge Jennifer Walker Elrod. In their decision, the judges wrote that “the ‘drastic and extraordinary’ remedy of mandamus is warranted, ” in a 47-page decision.
“The bottom line is this: 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,” both judges wrote.
Judge Duncan and Judge Erod were appointed by President Donald Trump and President George W. Bush, respectively.
However, this decision has not been without…
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