April 14, 2020

Planned Parenthood Goes to Supreme Court Seeking Restraining Order Against Texas Temporary Elective Abortion Ban

Planned Parenthood issued an emergency appeal to the Supreme Court asking for a reinstatement of a temporary restraining order against a Texas executive order temporarily banning non-essential abortions during the COVID-19 outbreak. The Supreme Court accepted the appeal and a decision could be made at any time, letting Americans know what stance the highest court will take on this issue.

“The court is unjustifiably forcing women to wait until the 11th hour to get the time-sensitive, essential healthcare that they are constitutionally guaranteed,” Center for Reproductive Rights President and CEO Nancy Northup told the Texas Tribune, adding, “We will pursue all legal options to ensure no women are left behind.”

The executive order technically bans all non-essential medical procedures, including elective abortions. Planned Parenthood is arguing that abortions are an essential service, and is fighting ongoing legal battles against states across the country to receive exceptions from similar rules. The temporary ban on non-essential medical procedures is designed to slow the spread of COVID-19 and preserve essential personal protective equipment for doctors helping fight the virus.

Texas Gov. Greg Abbott’s executive order was originally blocked by federal judge Lee Yeakel, but his decision was quickly overturned in a 2-1 ruling by the Fifth Circuit Court of Appeals. The latter ruled that elective abortions could be temporarily banned under a governor's emergency powers unless an unborn child would pass that state's gestational cutoff for late-term abortions (22 weeks in Texas).

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