Appeals court allows Texas to ban abortions during pandemic

by Adam Ford · Apr 7th, 2020 4:28 pm

A federal appeals court on Tuesday gave Texas the go-ahead to halt most abortions in the state during the COVID-19 emergency.

The U.S Court of Appeals for the Fifth Circuit, in a 2-to-1 ruling, struck down a trial judge's restraining order that has stopped the state from suspending abortions in order to save medical resources. The majority argued that states can reasonably restrict rights in order to protect public safety during times of national emergency.

Judge Stuart Kyle Duncan, a Trump appointee, wrote for the majority:

"That settled rule allows the state to restrict, for example, one's right to peaceably assemble, to publicly worship, to travel, and even to leave one's home. The right to abortion is no exception."

The other judge in the majority was Jennifer Elrod, a George W. Bush appointee. The dissenter was Judge James Dennis, a Clinton appointee.

? It is likely that the abortion providers that sued the state will now seek emergency intervention from the Supreme Court.


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