A three-judge panel from the 5th circuit court of appeals voted 2-1 Tuesday to overturn a lower-court judge's ruling which would have blocked the Texas governor's temporary ban on elective abortions during the COVID-19 outbreak.The executive order prohibits non-essential medical and surgical procedures to conserve resources for the ongoing pandemic. Last week, the 5th Circuit Court of Appeals put a temporary stay on federal judge Lee Yeakel’s order blocking Gov. Greg Abbott's ban. On Tuesday, they announced a decision overturning Yeakel's ruling entirely.
From the majority opinion:
"The bottom line is this: when faced with a society-threatening epidemic, a state may implement emergency measures that curtail constitutional rights so long as the measures have at least some “real or substantial relation” to the public health crisis and are not “beyond all question, a plain, palpable invasion of rights secured by the fundamental law.” Courts may ask whether the state’s emergency measures lack basic exceptions for “extreme cases,” and whether the measures are pretextual—that is, arbitrary or oppressive. At the same time, however, courts may not second-guess the wisdom or efficacy of the measures."A "telephonic preliminary injunction hearing" is scheduled for April 13, when both sides will present additional evidence for the court to consider.
Click here to read more.
