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Second trimester lawsuit appeal heard at the Fifth Circuit

Elections or no elections, the world keeps spinning.

The federal Fifth Circuit Court of Appeals heard arguments Monday morning about whether Texas should be able to ban doctors from performing the most common second-trimester abortion procedure, called dilation and evacuation.

In a nearly hourlong hearing, attorneys for Texas and lawyers for the Center for Reproductive Rights and Planned Parenthood argued in front of a panel of three judges.

At issue was Senate Bill 8, a law signed by Republican Gov. Greg Abbott in 2017 but blocked by a federal judge that would ban abortions in which a doctor uses surgical instruments to grasp and remove pieces of fetal tissue. The law would only allow the procedure to be done if the fetus is deceased.

[…]

Janet Crepps, senior counsel for the Center for Reproductive Rights, argued that the state’s proposed law was “invasive, medically unnecessary and poses a dangerous risk” to women. She said injections with potassium chloride using a three-to-four-inch spinal needle puts women at risks for infection and hospitalization.

“Just the idea the state thinks that’s what’s within its power is contrary to the whole idea that women have a right to autonomy, dignity,” Crepps said after the hearing.

The appeals case comes nearly a year after Judge Lee Yeakel said the provision imposed an “undue burden” on women seeking second-trimester abortions in Texas. The Center for Reproductive Rights and Planned Parenthood filed suit last summer on behalf of several women’s health providers in the state. Yeakel issued a temporary restraining order on enforcing the measure in August, a day before the ban’s effective date.

Throughout the hearing the three judges asked questions around how to best interpret a Eleventh Circuit Court of Appeals ruling that blocked Alabama’s dilation and evacuation ban from going into effect; how the injections work; and who are the women likely to need these services.

Medical professionals deem the dilation and evacuation method the safest way to perform an abortion, and reproductive rights groups have said this ban would subject women to an unnecessary medical procedure.

See here for the previous update. I don’t have any faith in the Fifth Circuit or the Supreme Court interpreting “undue burden” in a meaningful fashion, but I’ll be happy to be surprised. Whatever the outcome of this case, if we don’t have a federal law protecting access to abortion on our near-term goals, we’re doing it wrong.

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One Comment

  1. Bill Daniels says:

    I guess ‘common sense’ regulation only applies to gun control, not abortion control.

    Personally, I’d like less regulation of abortion, because most of those erstwhile young citizens will instantly be born into at least 18 years of welfare. Better they aren’t born at all, to become wards of the state.

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