Monday, a Federal Judge stands with Planned Parenthood
Politico reported on 30 March 2020 that a Federal Judge stood against Governor Abbott’s prohibition of abortion during the coronavirus scare.
Federal judges on Monday lifted restrictions Texas, Ohio and Alabama imposed on abortion during the coronavirus pandemic in decisions that could have repercussions for several more Republican-led states that have deemed the procedure non-essential during the crisis.
In Texas, District Court Judge Lee Yeakel sided with abortion clinics and granted a temporary restraining order through April 13 while arguments on the underlying legality of the state’s order play out.
In Ohio, District Court Judge Michael Barrett similarly sided with Planned Parenthood and other groups challenging the state’s ban and issued a two-week temporary restraining order.
In Alabama, District Court Judge Myron Thompson ordered the suspension of the state’s abortion ban until he can hear arguments in a video conference on April 6.
“The State’s interest in immediate enforcement of the March 27 order — a broad mandate aimed primarily at preventing large social gatherings — against abortion providers does not, based on the current record, outweigh plaintiffs’ concerns,” he said.
Iowa, Mississippi and Oklahoma are among the other states that recently moved to suspend access to the procedure as the pandemic intensified, arguing it would preserve desperately needed medical supplies. Texas’ order was one of the strictest, threatening a $1,000 fine or 180 days of jail time on abortion providers who violated the ban.
Yeakel agreed with Texas clinics who argued that women who need an abortion can’t live with a weeks- or possibly months-long delay. Clinic operators told reporters Monday that they’ve already had to cancel hundreds of appointments since the ban took effect last week.
Texas Attorney General Ken Paxton has argued that the state exercised proper discretion in halting the procedures because abortions are not “immediately medically necessary” or needed to save the life or health of the mother.
“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,” wrote Yeakel, an appointee of President George W. Bush who has sided with abortion providers in several previous cases.
“This court will not speculate on whether the Supreme Court included a silent ‘except-in-a-national-emergency clause’ in its previous writings on the issue,” he added.
(Read more at Politico)
What do you expect from an Rino appointee?
Since the acorn does not fall far from the oak tree, what can you expect? Would you expect this judge to do something to cut the funding to other Democrats?
Tuesday, the Fifth Circuit stands with Governor Abbott
ABC reports that the Fifth Circuit appeals court temporarily has re-instated Texas and Ohio orders limiting abortion access due to the coronavirus.
The Fifth Circuit Court of Appeals is allowing a controversial Texas executive order that blocks elective abortions during the coronavirus pandemic to remain in effect for now.
The case tees up a battle between supporters of abortion rights and a handful of conservative states arguing that bans on elective abortions and other medical procedures are necessary to help preserve medical supplies.
A divided panel of the appellate court on Tuesday put on hold a lower court opinion that blocked Texas Republican Gov. Greg Abbott’s executive order — requiring that health care providers “postpone all surgeries and procedures that are not immediately medically necessary” to preserve a patient’s life or condition — from applying to elective abortions. The lower court had published its opinion on Monday.
Texas Attorney General Ken Paxton had specified that “any type of abortion that is not medically necessary to preserve the life or health of the mother” was included in the order, prompting a challenge from state abortion providers and national abortion rights groups last week.
In Tuesday’s 2-1 decision, the appeals court said it wants to give itself “sufficient time” to consider an emergency petition filed by Paxton. Judge Jennifer Elrod, a George W. Bush appointee, and Judge Kyle Duncan, a Donald Trump appointee, voted to freeze the lower court opinion.
Judge James Dennis, a Bill Clinton appointee, dissented from the order. He noted that the lower court had already concluded that “irreparable harm would flow” from allowing the executive order to go into effect as it applies to abortions.
The court has ordered more briefings in the case.
Paxton praised the court’s ruling on Tuesday, asserting that the temporary stay “justly prioritizes supplies and personal protective equipment for the medical professionals in need.”
But supporters of abortion rights accused Texas of playing politics.
“Let’s be clear, it is never the right time to play politics, but doing so in the wake of Covid-19 is a despicable low,” Aimee Arrambide, the executive director of NARAL Pro-Choice Texas, said in a statement.
Texas’ case is the first such challenge to a coronavirus state order to reach the appeals court, but several others may follow.
(Read more at ABC)
Let us pray
The best response is to pray for all affected.