April 15, 2020

Fifth Circuit Ruling Creates Exception for Chemical Abortions in Texas Ban on Non-Essential Medical Procedures

The state of Texas, which has apparently become ground zero for legal battles about states temporarily banning elective abortions during the COVID-19 epidemic, has hit another obstacle. The Fifth Circuit Court of Appeals has temporarily blocked part of Texas Gov. Greg Abbott’s executive order until it makes a decision specifically about whether chemical abortions can be banned via executive order during emergencies.

The ban against surgical abortions still remains in place (unless the mother's pregnancy would exceed Texas's late-term abortion ban of 22 weeks), but women will be able to have chemical abortions by taking the abortion pill regimen of mifepristone and misoprostol at least until the court makes a decision. The first of these suffocates and starves an unborn child of the nutrients that a mother's body normally provides them, and the second induces labor to remove the deceased baby from the mother's womb.

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