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“Fetal remains” rule put on hold

Good.

A federal judge has delayed Texas’ fetal remains burial rule until Jan. 6.

Judge Sam Sparks ruled Thursday afternoon that the Texas Department of State Health Services would have to push back its start date for requiring health providers to bury or cremate aborted fetuses. The agency had originally slated the rule to go into effect Dec. 19.

Under the rule, Texas health providers are forbidden from disposing of fetal remains in sanitary landfills, regardless of gestation period.

Sparks said each side would get about five hours for a hearing on Jan. 3-4 to make their cases. He said there would likely be a decision on Jan. 6.

See here for the background. The state argued that there is “no increase in costs to health care providers and patients”, which is only true if the funeral homes that had been disposing of remains pro bono in the past do not pass along the significant costs that this rule imposes on them.

The Austin Chronicle adds some details.

Sparks appeared far more confrontational toward state defendants, commenting that Texas must show reasons for implementing the rule other than “political” ones. He also cast ample skepticism on the state’s timing of the rule – filed just four days after their loss in the House Bill 2 case at the U.S. Supreme Court – calling it “curious,” more than once. In a moment of commentary, Sparks said the war against abortion rights is raging “quicker and meaner” than it has in the last 40 years.

State assistant attorney John Langley defended the rule as a “modest step” to protect the unborn, but failed to give evidence of its public health benefit. He argued that the rule in “no way regulates a woman’s right to choose” or places an imposition on clinics. Revealing the intention of the anti-choice regulation, Langley was unable to answer how the rule practically advances a health and safety interest – the very objectives the state health department is tasked with. When asked about how the rule prevents the spread of disease and protects health, the attorney called it a “side issue” to the real goal: Protecting the “dignity” of the unborn. “I acknowledge I don’t have a satisfactory answer, your honor,” said Langley.

Following the hearing, CRR’s Brown called the state’s inability to provide a health rationale “remarkable” and more evidence that the rule is meant to “disrespect” abortion-seeking women. “This rule is really intended to send a message to the Supreme Court that Texas is defying them,” said Brown.

When Langley objected to the temporary restraining order, an agitated Sparks noted that “this is the first time the state of Texas has ever said it was going to go ahead [with a rule] when there’s a suit of substance before the federal court,” and before full trial arguments were heard. “I’m going to remember that.”

Perhaps a contempt charge might be in order, if it comes to that. I mean, look, if this rule is so necessary, then why did it take the state so long to implement it? It didn’t require legislative intervention, just a word from the Governor to State Health Services. Rick Perry could have done this. Greg Abbott could have done it in 2015. Heck, Dubya could have done it. Why did it not happen until shortly after the Whole Women’s Health ruling? The question answers itself. Trail Blazers, the Current, the Press, and the Chron have more.

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