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“Fetal remains” lawsuit in the works

Get ready.

Health providers and abortion clinics have less than two weeks to figure out how to comply with Texas’ new fetal remains rules — that is, if a lawsuit doesn’t halt the process first.

Amy Hagstrom Miller, founder of abortion provider Whole Woman’s Health, said she is working with the Center for Reproductive Rights on a potential lawsuit opposing the rules. Any lawsuit would need to be filed next week because the rules are set to take effect Dec. 19.

“Here we are, with a situation where Texas is trying to restrict access to safe abortion care by any means necessary,” she said. “It’s really cruel.”

[…]

Health care entities haven’t said how they will comply. Hagstrom Miller, one of the plaintiffs in the Supreme Court abortion case, said that she is still working on a path to compliance but that Whole Woman’s Health is first trying to determine what the rules would entail.

“The regulations as written are very confusing,” she said. “We’re trying to figure out exactly what the law requires.”

See here for the background. I feel reasonably confident that an injunction can be had in district court. What happens after that, with the Fifth Circuit and SCOTUS, is anyone’s guess. But the Center for Reproductive Rights (who you should totally support) won before, and I have faith they can win again. It’s just a damn shame they have to.

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