Off the Kuff Rotating Header Image

“Fetal remains” lawsuit trial underway

Here we go.

State and reproductive rights attorneys are going head to head again in federal court on Monday to argue whether Texas should require health providers to cremate or bury fetal remains.

“It’s a tough case for everybody,” U.S. District Judge David Alan Ezra said Friday during a pretrial hearing. In January, he had granted an injunction blocking a state fetal remains burial rule, but he said last week that the previous decision is no indication of how he would rule in the trial.

“It’s a very emotional case, and so I would ask counsel to do the best job they can to try and tamp down some of the more zealous individuals in your respective camps so that we don’t get a lot of extraneous stuff going on,” Ezra said to attorneys for the state and the Center for Reproductive Rights, who are representing the plaintiffs.

Arguments in the trial are expected to run all week.

[…]

Ezra listened as both sets of attorneys spent nearly two hours going over logistics of the trial and other issues including whether certain witnesses would be allowed to testify about the emotional trauma of abortions and fetal remain burials and keeping information about vendors confidential for safety reasons.

Throughout Friday’s pretrial hearing, Ezra laid out for attorneys what was on the court’s mind about the case, including: if women may face an undue burden if there aren’t enough providers or facilities statewide; the logistics of how doctors and clinics would deal with the law if it went into effect; and if Texas has enough facilities available statewide to help dispose of the fetal remains.

“I have to deal with this as a law in Texas that will affect every woman in the state of Texas,” Ezra said.

Another point of contention during the hearing was what to do about a 5th U.S. Circuit Court of Appeals decision on whether the Texas Catholic Conference of Bishops would have to turn over confidential internal documents to the Center for Reproductive Rights and Whole Woman’s Health for the fetal remains trial. Ezra had previously ruled it would, but in the middle of the pretrial hearing the 5th Circuit informed him it had reversed his decision.

See here for the previous update. I have no idea how this one may go, but I’ll be keeping an eye on it. There’s certainly a chance that none of this will matter given the likely future composition of SCOTUS, but we have to go through the process anyway. The Chron has more.

Related Posts:

One Comment

  1. Bill Daniels says:

    This is just harassment of women who have abortions and the abortionists who do them.

    The baby is dead. Just let it go, people. What difference does it make how the dead baby is disposed of? A: It doesn’t.