Federal Judge Temporarily Blocks Texas Law Banning D&E Abortions

A federal judge temporarily banned Texas from enforcing restrictions on second trimester abortions set to take effect Friday.

U.S. District Court Judge Lee Yeakel ruled in favor of abortion providers, who sued the state in July, claiming the law would curb women's access to the safest and most common procedure used after 15 weeks of pregnancy.

Whole Woman's Health - which won a landmark case in the U.S. Supreme Court a year ago striking down parts of another Texas anti-abortion law - claims that the ban on D&E threatens the health of their patients, impedes patients' access to abortion care, and violates their constitutional rights.

"The abortion industry disingenuously argued in court that the Dismemberment Abortion Ban raises an undue burden for women seeking second trimester abortions by banning all D&E abortions", they emphasize".

More news: As Syria war tightens, U.S. and Russian Federation military hotlines humming

However, opponents said the available options resulting in fetal demise prior to procedure carried no medical benefit to the patient but could pose unknown risks.

The abortion clinic lawyers are attempting to frame this lawsuit on how SB 8 will affect Texas women and the abortion industry, however the important question before the court is whether this type of procedure is something Texas has the right to prohibit.

SB 8 refers to D&E procedures with the non-medical term "dismemberment abortion". As the cervical opening is smaller than the fetus at this stage of pregnancy, separation of the fetal tissue usually occurs as the doctor removes it.

Texas Right to Life said its legal scholars anticipate that the ban will stand up in court like the federal Partial Birth Abortion Ban, which also outlawed a specific and particularly gruesome abortion procedure. This procedure can last hours or days, and is more painful and can be more medically unsafe for the patient. Such instruments typically are used in dilation and evacuation (D&E) procedures.

More news: Taylor Swift teases 2018 tour, creates ticket-buying initiative for fans

Furthermore, "causing fetal demise by the State's suggestion of injections of either digoxin or potassium chloride, neither of which is labeled for that goal, would violate Texas law prohibiting off-label prescription of an abortion-inducing drug". The judge found that the state's arguments to prevent the restraining order unpersuasive and to possess a "thin record".

"Dismemberment abortions are gruesome and inhumane, which makes it troubling that a district court would block Texas' lawful authority to protect the life of unborn children from such a barbaric practice", added Marc Rylander, director of communications for Paxton's office.

He also argued that women would "suffer irreparable harm by being unable to access the most commonly used and safest previability-second-trimester-abortion procedure", which dismembers their unborn babies, the AP reports.

Both sides are expected back in court September 14 in Austin for a hearing where Yeakle is expected to consider whether to issue a preliminary injunction as the case proceeds.

More news: Taylor Swift's new album title, release date announced

"The decision is disappointing and flies in the face of basic human decency", Texas Attorney General Ken Paxton (R) said at the time.


Popular
  • May vows to fight on at next election

    May vows to fight on at next election

    The idea that she now wants to spend another five years as party boss will come as a surprise to some of her MPs. But she rejected the talk of her standing down or being replaced in Number 10.
    RIP Tango: Google announces ARCore, its answer to Apple's ARKit

    RIP Tango: Google announces ARCore, its answer to Apple's ARKit

    At that time, the developers were focusing on creating a phone with extra sensors to implement augmented reality. It all sounds very similar to existing Apple ARKit demos floating around the internet, which you can see here .
    Second Flower Mound resident diagnosed with West Nile Fever

    Second Flower Mound resident diagnosed with West Nile Fever

    It is not uncommon for this part of southern Ontario to see a low number of human cases of the disease per year. Health officials are looking into two potential human cases of the West Nile virus in Simcoe County.
  • Odell Beckham Jr. will possibly miss the Giants season opener

    Odell Beckham Jr. will possibly miss the Giants season opener

    Last season, Beckham caught 101 passes for 1,367 yards and 10 touchdowns. "On offense, we definitely need to the work". Wide receivers Odell Beckham Jr. and Brandon Marshall did not practice with their New York Giants teammates Wednesday.

    Ward Features Trump Attacks in New Ad Against Flake

    From the Phoenix Convention Center, Trump repeatedly mentioned "one vote" that made the difference in the health care vote. Trump are not enemies and downplayed his concern over a pro-Trump primary challenger when he runs for reelection next year.
    Rocket League Reveals Mario And Metroid Series Vehicles

    Rocket League Reveals Mario And Metroid Series Vehicles

    The news gets even better, all three cars will be free when the game launches on the Switch this holiday season. Developer Psyonix has unveiled a Mario NSR vehicle for the Orange Team and Luigi NSR auto for the Blue Team.
  • Two more Gators cited for marijuana possession

    Callaway, a junior and the team's top playmaker, has 89 catches for 1,399 yards and 11 touchdowns in two seasons. McElwain suspended seven other players for the opener in a crop headlined by wide receiver Antonio Callaway .
    Google's Next Version of Android Dubbed 'Oreo'

    Google's Next Version of Android Dubbed 'Oreo'

    The update version 1.11.617.3 was released for the smartphone according to the official change log posted by HTC on its website. This means that companies can start customising the Android 8.0 Oreo in accordance with their device's UI styling.
    'Avengers: Infinity War' to feature Gwyneth Paltrow, Jon Favreau

    'Avengers: Infinity War' to feature Gwyneth Paltrow, Jon Favreau

    Pepper Potts was seen in "Spider-Man: Homecoming ", making a brief return in her first appearance since " Iron Man 3" in 2013. The movie will see Tony Stark and the Avengers unite with the Guardians of the Galaxy to confront Thanos.
  • Canadian economic growth 'gangbusters' in second quarter thanks to consumers

    Canadian economic growth 'gangbusters' in second quarter thanks to consumers

    In addition, the u.s. president still has not managed to enact a law in the economic field, due to political deadlock in Congress. The second-quarter result likely cements the likelihood of at least one more rate increase from the Bank of Canada in 2017.
    Turkish guards indicted in United States  for attacking pro-Kurdish protesters

    Turkish guards indicted in United States for attacking pro-Kurdish protesters

    The head of the president's security detail stepped in, followed by Turkish citizens who were there to see their president. Two were arrested in June and face court next week but 17 are at large and some have returned to Turkey with Mr Erdogan.
    Myanmar receives Kofi Annan report on Rakhine situation

    Myanmar receives Kofi Annan report on Rakhine situation

    Myanmar says the group is headed by Rohingya jihadists who were trained overseas but it is unclear how large the network is. Rakhine is a site of frequent clashes between Myanmar's Muslims and Buddhists.

CONNECT