Texas officials temporarily banned abortion, citing the coronavirus pandemic. Abortion providers there have taken the fight to the Supreme Court.
The court’s decision could prove a pivotal test case for the openness of the bench, newly reshaped with two of President Trump’s appointees, to eroding abortion rights. If they decide to weigh in, the justices will determine whether the access to abortion outlined as a constitutional right in the Roe v. Wade decision can be suspended during a public health emergency.
Texas included in that order all abortions except those necessary to preserve the life or health of the woman.Judges have blocked similar provisions in several other states, including Indiana, Mississippi, Ohio and Oklahoma. But the Texas order has ping-ponged in the courts, resulting in the cancellation of hundreds of abortion provider appointments in the state.The latest news, analysis and insights from our bureau chiefs in Sacramento and D.C.
Judge Kyle Duncan, who was appointed by Trump, wrote for the 5th Circuit that individual rights are not eliminated during a public health crisis, but the state is allowed to enact restrictions. The providers say a long history of legislation to restrict access to abortion in Texas reveals the true intent of the state’s most recent order.
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