Federal Judge Rules Texas Can't Temporarily Ban Abortions During Pandemic. An Appeals Court Stayed that Injunction for Now.

Texas Attorney General Ken Paxton

After Texas Governor Greg Abbott issued an executive order temporarily banning all non-essential surgical procedures, Federal Judge Lee Yeakel ruled that abortions must be allowed to continue, overruling the order. The Fifth Court of Appeals responded to Texas Attorney General Ken Paxton's request for appellate review by granting a temporary stay against Yeakel's ruling.

“The benefits of a limited potential reduction in the use of some personal protective equipment by abortion providers is outweighed by the harm of eliminating abortion access in the midst of a pandemic that increases the risks of continuing an unwanted pregnancy, as well as the risks of traveling to other states in search of time-sensitive medical care,” Yeakel said about his decision.

Unless the Fifth Court of Appeals makes the decision to side with Judge Yeakel, Gov. Abbott's order will continue to stand until further notice. It will conserve medical resources for hospitals treating patients with COVID-19, and treat all non-essential procedures, including abortion, equally.

“Abortion providers who refuse to follow state law are demonstrating a clear disregard for Texans suffering from this medical crisis,” said Attorney General Paxton. “For years, abortion has been touted as a ‘choice’ by the same groups now attempting to claim that it is an essential procedure. All Texans must work together to stop the spread of COVID-19. My office will continue to defend Governor Abbott’s Order to ensure that supplies and personal protective gear reach the hardworking medical professionals who need it the most during this health crisis.”

Alabama and Ohio have also had federal judges block their temporary bans, but none of those decisions have been stayed by an appeals court.

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