The appeals judge said the measure banning the standard D&E method 'unduly burdens a woman's constitutionally-protected right' to an abortion.'
abortion access because there are procedures causing fetal death in utero that must be used in addition to D&E to ensure an abortion compliant with the law. Eight licensed abortion clinics and three abortion providers, who were the plaintiffs in the case, argued that the additional procedures would place “a substantial obstacle to a woman’s right to a second trimester D&E abortion.
on those seeking the procedure. The court defines an undue burden as a state regulation that “has the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion,” as explained in Planned Parenthood v. Casey. “Today’s decision puts a stop to Texas’ strategy to ban one abortion procedure after another until it is all but inaccessible,” Nancy Northrup, president of the Center for Reproductive Rights, said in a statement. “Politicians should never decide what medical procedures a patient can and cannot receive. This ruling follows decades of Supreme Court precedent and the Fifth Circuit has joined every other federal court in striking down these types of bans.
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