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Second trimester abortion lawsuit hearings conclude

Now we wait.

In a five-day trial that concluded Wednesday, lawyers for the state defended part of a Texas law that bans the most common second-trimester abortion procedure unless the fetus is deceased.

Abortion rights groups sued the state in July, arguing the provision restricting the dilation and evacuation procedure imposes an undue burden on Texas women seeking second-trimester abortions. Medical professionals deem the procedure the safest way to terminate a second-trimester pregnancy.

But the state argued in court the method is inhumane and that it’s reasonable to require fetal demise before the procedure is performed.

“The state has legitimate interest … in protecting the health of a woman and life of a fetus that may become a child,” said Darren McCarty, a lawyer for the state, in closing arguments. The provision at issue, he said, “regulates the moment of death, the moment of fetal termination, and nothing more. Whether … the lethal act is going to be, for instance, grabbing the leg and pulling it off the fetus, or whether instead the lethal act is going to be a single injection or perhaps just a snip of the umbilical cord.”

The trial centered on part of Senate Bill 8, a state law passed earlier this year that bans dilation and evacuation abortions unless the fetus is deceased. The ban had an effective date of Sept. 1. But Federal District Judge Lee Yeakel blocked its implementation with a temporary restraining order in August – a month after a lawsuit was filed by the Center for Reproductive Rights and Planned Parenthood on behalf of several women’s health providers in the state. Whole Woman’s Health is the lead plaintiff.

During the dilation and evacuation procedure, doctors use surgical instruments to grasp and remove pieces of fetal tissue — a process proponents of the law have called “dismemberment abortion.” Doctors would face criminal charges for violating the ban; the only exception would be in cases of medical emergency.

Yeakel did not say when a ruling would come, but a temporary restraining order on enforcing the ban expires Nov. 22. The decision is likely to be appealed to the U.S. 5th Circuit Court of Appeals, an outcome Yeakel alluded to several times during trial.

See here for the background. We know the drill here, we’ve been down this road too many times already. All I can say is look what happened in this Tuesday’s elections, and think about what could happen here. The Center for Reproductive Rights has more.

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