A federal appeals court in New Orleans on Wednesday upheld a 2017 Texas statute outlawing an abortion procedure typically used to end second-trimester pregnancies.
A majority of the judges from the 5th U.S. Circuit Court of Appeals, which hold appellate jurisdiction over district courts across Texas, Louisiana, and Alabama, ruled this week in favor of backing the statute that blocks certain procedures without ensuring whether the fetus is still alive. The ruling stems from a legal battle between several pro-abortion plaintiffs and defendants such as Republican Texas Attorney General Ken Paxton and others who favored the law.
The law, known as SB8, was enacted in 2017 but never enforced. Supporters of it refer to the abortion practice as “dismemberment abortion,” though it is known by its medical term as dilation and evacuation.
In the majority opinion, the judges wrote that “through a binary framework — that either D&Es can be done only by live dismemberment or else women cannot receive abortions in the second trimester — is to accept a false dichotomy.”
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A three-judge panel of the 5th Circuit blocked the enforcement of the law last year, but Texas sought a rehearing by a full court.
Judge James Dennis wrote a dissent on behalf of himself and Judges Carl Stewart and James Graves in the appeals court on Wednesday. Dennis wrote that the Texas law, “under the guise of regulation, makes it a felony to perform the most common and safe abortion procedure employed during the second trimester.”
The Center for Reproductive Rights, a nonprofit organization composed of lawyers and advocates for abortion procedures, said the group is looking at the decision on Wednesday and considering its legal options.
“Texas has been hellbent on legislating abortion out of existence, and it is galling that a federal court would uphold a law that so clearly defies decades of Supreme Court precedent,” said Nancy Northup, CEO of the nonprofit group.
“At a time when the health care needs of Texans are greater than ever, the state should be making abortion more accessible, not less. There is no question that today’s decision will harm those who already face the greatest barriers to health care,” Northup added.
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Whole Woman’s Health, a plaintiff in the case, and the American Civil Liberties Union did not immediately respond to the Washington Examiner’s request for comment.
