A federal judge restored limited abortion access in Texas on Thursday, allowing medication and certain procedural abortions to continue amid the coronavirus pandemic
A procedure room at the Whole Woman’s Health abortion clinic in San Antonio, Texas. Photo: Matthew Busch/Bloomberg via Getty Images A federal judge restored limited abortion access in Texas on Thursday, days after an appeals court upheld the state’s temporary ban on termination while it fights coronavirus. Now, medication abortion is once again available, along with certain procedural abortions.
For weeks, the Center for Reproductive Rights, the Lawyering Project, and Planned Parenthood Federation of America have been engaged in legal volleyball with Texas leaders seeking to suspend abortion access under the guise of safeguarding public health. On March 22, amid a slew of stay-at-home orders meant to curb the spread of the coronavirus, Texas Governor Greg Abbott issued an executive order postponing all non-essential surgeries and medical procedures until April 22.
The next day, however, the New Orleans–based Fifth Circuit Court of Appeals intervened. Issuing its own temporary stay on Yeakel’s decision, the Fifth Circuit allowed AG Paxton’s policy to remain in place until they had reviewed arguments in the case.
Abbott’s order, however, made an exception for “any procedure that, if performed in accordance with the commonly accepted standard of clinical practice, would not deplete the hospital capacity or the personal protective equipment needed to cope with the Covid-19 disaster.” Abortion providers, rather than escalating the matter to the Supreme Court after the Fifth Circuit delivered its ruling, asked Yeakel to exempt medication abortions.
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