![]() Nancy Northup, president and CEO of the Center for Reproductive Rights, said that group is analyzing the decision and considering all its legal options. READ MORE: Reunion Tower Prepares For Biggest NYE Display Ever, Including Drones For The First Timeĭennis said 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.” A separate dissent was written by Judge Stephen Higginson, joined by Gregg Costa. Judge James Dennis wrote a dissent on behalf of himself and judges Carl Stewart and James Graves. The opinion, by judges Jennifer Walker Elrod and Don Willett, said “the record shows that doctors can safely perform D&Es and comply with SB8 using methods that are already in widespread use.”Ĭoncurring in the result were judges Priscilla Owen, Edith Jones, Jerry Smith, Catharina Haynes, James Ho, Kurt Engelhardt and Cory Wilson. But Texas sought, and was granted a re-hearing by the full court.Ī majority among the 14 appellate judges who heard arguments in January (three of the court’s 17 active judges were recused) sided with Texas. ![]() Circuit Court of Appeals blocked enforcement of the law last year. They also argued that fetuses cannot feel pain during the gestation period affected by the law, and that one alternative outlined by the state, the use of suction to remove a fetus, also results in dismemberment.Ī three-judge panel of the 5th U.S. ![]() ![]() Of State Health Services SaysĪbortion rights advocates argued that the law, known as SB8 in court records, effectively outlaws what is often the safest method of abortion for women in the second trimester of pregnancy - a procedure medically known as dilation and evacuation. READ MORE: 'There Seems To Be Plenty Of PCR Testing Capacity' Texas Dept. It seeks to prohibit the use of forceps to remove a fetus from the womb - what supporters of the law call a “dismemberment abortion” - without first using an injected drug or a suction procedure to ensure the fetus is dead. ![]() The 2017 law in question has never been enforced. NEW ORLEANS (CBSDFW.COM/AP) - A Texas law outlawing an abortion method commonly used to end second-trimester pregnancies was upheld on August 18 in New Orleans by the Fifth Circuit Court of Appeals. ![]()
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