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US Supreme Court wipes out TX lower court ruling banning nearly all abortions during COVID


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The governor ordered a halt to nonessential medical procedures last year, which the attorney general then said applied to "any type of abortions."

 

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The governor ordered a halt to nonessential medical procedures last year, which the attorney general then said applied to "any type of abortions."

 

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Gov. Greg Abbot ordered a halt to nonessential medical procedures in late March of last year to conserve hospital resources and personal protective equipment. Attorney General Ken Paxton then said the order applied to "any type of abortions," including medical abortions that do not involve surgery.

 

A federal judge in Texas declared the order too broad and lifted the ban. But the 5th U.S. Circuit Court of Appeals in New Orleans put it back in place. In public health emergencies, the appeals court said, a state can restrict constitutional rights including, "one's right to peaceably assemble, to publicly worship, to travel, and even to leave one's home. The right to abortion is no exception."

 

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In a brief order, the Supreme Court dismissed the appeal and vacated the 5th Circuit's ruling.

 

Abortion rights advocates applauded Monday’s dismissal of the cases.

 

Abbott’s order was “a transparent attempt to chip away at access to reproductive health care by exploiting a public health crisis” and it was therefore “important we took this procedural step to make sure bad case law was wiped from the books,” Planned Parenthood, the Center for Reproductive Rights and the Lawyering Project said in a statement.

 

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