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“Fetal remains” law tossed

Very good.

U.S. District Judge David Alan Ezra struck down a Texas law on Wednesday that would have required hospitals and clinics to bury cremate fetal remains, causing another courtroom setback for state leaders and anti-abortion groups.

Under Senate Bill 8, passed in 2017, health care facilities including hospitals and abortion clinics would be required to bury or cremate any fetal remains — whether from abortion, miscarriage, stillbirth, or treatments for ectopic pregnancy regardless of patients’ personal wishes or beliefs. Legislators passed the bill following a ruling that year by U.S. District Judge Sam Sparks that struck down a similar rule implemented by the Texas Department of State Health Services. At the time Sparks said it was vague, caused undue burden on women and had high potential for irreparable harm.

Over the course of a nearly 30-minute hearing at a federal court in Austin on Wednesday, Ezra gave a synopsis of the ruling, calling the case “a very emotional topic.” The requirement would have been challenging for health providers, in part because it would be difficult to find medical waste vendors willing to participate. In addition, Ezra expressed wariness about the state having to reach out to private cemeteries to help with fetal remain disposals.

“The implementation of this law, as I have pointed out, would cause and, if allowed to go into effect, would be a violation of a woman’s right to obtain a legal abortion under the law as it stands today,” Ezra said.

[…]

Multiple doctors and health advocates who testified said women often don’t ask what happens to their fetal tissue, since they assume it’ll be treated like medical waste. Providers also said they have experienced challenges trying to find medical waste vendors willing to work with their clinics. A top reason, they said, is that vendors are unwilling to endure backlash and harassment from anti-abortion advocates.

See here, here, and here for the background. I’m terribly amused by the fact that the zealotry of the anti-abortion movement was cited as a reason that this law they supported is illegal. If there’s a Greek goddess of irony, she’s pouring herself a glass of wine right now. Of course the state will appeal, and we know that the Fifth Circuit and soon SCOTUS are places where hope goes to be strangled in a back alley. But until then we have this, so let’s celebrate while we still can. The Observer has more.

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2 Comments

  1. Bill Shirley says:

    Has anyone enumerated all the cases that AG Ken Paxton has taken to court that have been shot down by the courts and the cost they are to the TX taxpayers?

    Separated into those induced by the Texas legislature and those that weren’t would also be interesting.

  2. Bill Daniels says:

    Bill,

    Some of the costs are sunk costs. We pay the lawyers, secretaries, office maintenance and utilities, etc., whether Paxton files cases or not. I’d be more concerned about EXTRA costs, particularly if he hired contract lawyers to pursue the cases.