A group of abortion clinics and individual doctors had challenged the Texas law in 2017.
The district court that year found that the Texas measure amounted to a ban on all dilation and evacuation abortions and imposed an undue burden on a large portion of Texas women.
In its appeal
, Texas argued that the law did not impose a ban on second-trimester abortions
, nor did it place an undue burden on women because other safe and more humane alternative methods exist
A three-judge 5th Circuit panel in October affirmed the district court’s ruling
, but the full appeals court vacated the decision and voted to reconsider the case
Op Woensdag, the appeals court agreed with Texas, saying the district court had “incorrectly” determined that the Texas law amounted to a ban on D&E abortions and that “doctors can safely perform D&Es and comply” with the Texas law by “using methods that are already in widespread use.”
Seven judges on the appeals court reached Wednesday’s decision, while five dissented. The chief judge and another circuit judge concurred in the majority’s judgment only. Three judges were recused.
The court’s decision will “force many women to unnecessarily undergo what the en banc plurality wrongfully characterizes as ‘alternatives’ to the very common and safe procedure that Texas has banned—painful, invasive, duur, and in some cases experimental additional treatments that carry with them significantly elevated risks to the women’s health and well-being,” Judge James Dennis wrote in his dissent.
“This ban is about cutting off abortion access
, and nothing else
,” Amy Hagstrom Miller
, the president of Whole Woman’s Health
, a plaintiff in the case
, gesê in 'n verklaring.
“In no other area of medicine would politicians consider preventing doctors from using a standard procedure.
The plaintiffs were represented by the Center for Reproductive Rights, onder andere, whose president, Nancy Northup, said they are “analyzing this decision and will consider all of our legal options.”
The decision comes ahead of Texas
’ so-called “heartbeat ban,” which is set to take effect next month
. The law would bar most abortions at the onset of a fetal heartbeat
, which can occur as early as six weeks into pregnancy and before many people know they are pregnant
, and would allow citizens to sue individuals thought to have assisted in violating the law