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It’s HB2 all over again

Here we go again.

Right there with them

GOP House lawmakers took a sweeping approach to anti-abortion legislation on Friday, preliminarily passing a measure that would ban the most common form of a second-trimester procedure and change how health care providers dispose of fetal remains.

Under the broad strokes of Senate Bill 8, abortion providers would have to bury or cremate fetal remains following an elective abortion and they would be banned from donating aborted fetal tissue to medical researchers. The bill also bans “partial-birth abortions,” which are already illegal under federal law.

An amendment added to the bill during House debate would also ban providers from performing “dilation and evacuation” abortions — a common second-trimester procedure where doctors use surgical instruments to grasp and remove pieces of fetal tissue — unless the fetus is already deceased. Abortion opponents call the procedure “dismemberment abortions.”

House lawmakers passed the bill 96-47; the chamber must take a final vote on the measure before it returns to the Senate.

Opponents call “dilation and evacuation” abortions the safest way to perform the procedure on a pregnant woman, and say requiring the fetus to be deceased would subject women to an unnecessary medical procedure.

They have also said burying or cremating fetal remains — and taking away a woman’s right to donate fetal tissue to medical research — are additional ways to burden and stigmatize women who choose to have a legal procedure.

They predicted even more litigation.

“Why don’t we just stop passing unconstitutional laws for a change?” asked state Rep. Chris Turner, D-Grand Prairie, chairman of the House Democratic Caucus.

But Rep. Cindy Burkett, R-Sunnyvale, the bill’s House sponsor, said the measure would “make sure tissue from aborted babies are not turned into a commodity.” And even though partial-birth abortions are already illegal, she said her measure helps align state and federal statute.

See here and here for some background. As the story notes, there is already an injunction in place against the “fetal remains” rule as it was enacted by HHSC, so the future lawsuit against SB8 is basically ready to go now. Of course as we know, even passing laws that will be killed by the courts exacts a price on reproductive choice and counts as a big win for the bad guys. The only way we’re going to change that is by changing the Legislature, and that needs to start right away. Note that Rep. Burkett is up top of that list, by the way. Quite a few of the “Freedom Caucus” members are in districts that aren’t really all that red. Channel that anger you’re feeling, there’s a lot of good that can be done. The Observer has more.

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