Texas Able to Ban Abortions During COVID-19 Pandemic, Appeals Court Rules Texas Able to Ban Abortions During COVID-19 Pandemic, Appeals Court Rules

Texas Able to Ban Abortions During COVID-19 Pandemic, Appeals Court Rules

Turns out killing babies is not considered "essential business."

On March 22, Texas Governor Greg Abbott ordered health care facilities to postpone procedures that are "not medically necessary."

For example, this put many cosmetic and elective surgeries on hold.

This also happened to include abortions, unless the mother's life is in danger.

It has been reported that due to Governor Abbott's order, Planned Parenthood was forced to cancel hundreds of abortions in Texas.

In collaboration with other pro-abortion groups, Planned Parenthood issued a lawsuit to overturn the Governor's order.

But the U.S. 5th Circuit Court of Appeals agreed with the governor of Texas.

It's official: abortions, with the exception of life threating conditions, will not happen in Texas during the COVID-19 pandemic.

More details on this developing story below:

Governor Abbott's order does not only target abortions.

His order declares that only medically necessary procedures can continue. Abortions are considered elective procedures by their very nature.

When COVID-19 threatens to overrun hospitals, it's critical to ensure that we have enough resources and medical personnel available to treat those who contract the virus.

Furthermore, having people in the hospital for elective procedures can actually put them at risk as well.

Fox News has more details on the ruling for the 5th Circuit Court of Appeals:

A federal appeals court ruled 2-1 on Tuesday to allow Texas to block most abortion services during the coronavirus pandemic.

Texas Gov. Greg Abbott ordered health care facilities on March 22 to postpone all procedures deemed “not medically necessary” as the state geared up for an influx of patients suffering from COVID-19. One day later, Texas Attorney General (AG) Ken Paxton said that abortions should not be performed unless the mother’s life is in danger, as the order -- set to expire April 21 -- should be interpreted to cover abortion clinics.

As a result, Planned Parenthood of Greater Texas said they had canceled hundreds of abortions.

Planned Parenthood and other abortion-rights groups then sued to remove abortion from the list of procedures that should be delayed during the global pandemic.

In its Tuesday ruling, the court cited the governor’s interest in public health. “In the unprecedented circumstances now facing our society, even a minor delay in fully implementing the state’s emergency measures could have major ramifications,” the court wrote.

The U.S. 5th Circuit Court of Appeals, based in New Orleans, overturned the decision of a lower court.

U.S. District Judge Lee Yeakel of Austin had ruled that the “Supreme Court has spoken clearly” on a woman’s right to abortion while blocking efforts by state Republican leaders to ban the procedure during the virus crisis.

While many Democrats are criticizing the governor, it's important to note that he banned all procedures deemed not medically necessary.

It is not specifically an attack on abortion, though Planned Parenthood is attempting to use the ruling as a rallying cry.

For now, it appears that most in Texas support Governor Abbott.

The case is expected to make its way up to the Supreme Court.

However, with other cases currently postponed, it is unclear what the timeline for the case would look like.

It would also set a massive precedent, as states like Ohio, Oklahoma, and Alabama appear to be following Texas' lead on the issue.

CNBC confirms the Supreme Court's eventual say on the case:

The Supreme Court is expected to weigh in on a major abortion case out of Texas that could resolve whether states may effectively ban the procedure with limited exceptions during the coronavirus pandemic.

An appeal is expected possibly as soon as Wednesday after a federal appeals court panel upheld the restriction on Tuesday. The fight comes as other states, including Ohio, Oklahoma and Alabama, are stepping up efforts to limit abortion access during the public health crisis.

The case would be the second major dispute to come to the justices over coronavirus. The justices on Monday sided with Republicans in Wisconsin to limit absentee ballot voting in the state, which held elections on Tuesday. That vote was 5-4 along partisan lines.

The Texas case concerns an order signed by Republican Gov. Greg Abbott last month barring any medical procedures deemed not to be immediately necessary, an effort to conserve resources during the crisis.

Ken Paxton, also a Republican and the state’s attorney general, later said the order applied to any abortion that was not required to protect the life or health of the person receiving it, suggesting it would also apply to abortions carried out via oral medication. He announced that the penalty for violating the order was $1,000 or 180 days of jail time.

Abortion providers in the state challenged the order in court, represented by attorneys for Planned Parenthood, the Center for Reproductive Rights and the Lawyering Project.

The providers called the restriction a “a blatant effort to exploit a public health crisis to advance an extreme, anti-abortion agenda, without any benefit to the state in terms of preventing or resolving shortages of PPE or hospital capacity.”

A federal district court sided with the abortion providers. The court acknowledged the public health crisis inflicted by COVID-19, but said the Supreme Court had never addressed whether such a circumstance would limit its past abortion holdings.

“This court will not speculate on whether the Supreme Court included a silent ‘except-in-a-national-emergency clause’ in its previous writings on the issue,” District Court Judge Lee Yeakel, a George W. Bush appointee, wrote. “Only the Supreme Court may restrict the breadth of its rulings.”

Democrats will surely attempt to politicize the issue.

Pelosi, for example, attempted to shove pro-abortion language and policies into the $2 trillion coronavirus stimulus package.

Rather than focusing on the crisis at hand, they appear to be using the situation to pass radical agendas and policies.

It is expected that the Supreme Court will agree with  U.S. 5th Circuit Court of Appeals.

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