The U.S. 5th Circuit Court of Appeals Tuesday struck down a Texas law that would have banned the most common method of abortion after approximately 15 weeks of pregnancy, known as Dilation & Evacuation. This lawsuit was filed in 2017 by Whole Woman’s Health, several Planned Parenthood affiliates, and other Texas abortion providers.
In the decision, Judge James L Dennis wrote, “This law unduly burdens a woman’s constitutionally-protected right to obtain a previability abortion,” and that the law “also forces abortion providers to act contrary to their medical judgment and the best interest of their patient by conducting a medical procedure that delivers no benefit to the woman.”
“Today’s win is an important one for people not only in Texas but across the country,” said Amy Hagstrom Miller, President and CEO of Whole Woman’s Health. “Everyone deserves to benefit from advancements in medicine and from expert medical care, no matter where they live.”
Texas Attorney General Ken Paxton could appeal the decision to the US Supreme Court. He released the following statement:
“We're analyzing the fifth circuit's decision and evaluating all options for further review. Live fetal dismemberment is an inhumane abortion procedure that literally tears apart a living, pain-capable child on the cusp of viability and the Texas legislature acted well within its constitutional limits when it banned this barbaric practice. We will continue to defend the legislature's decision.”