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Yo_Mama_Been_Loggin

(107,741 posts)
Tue Apr 7, 2020, 05:00 PM Apr 2020

Texas Allowed to Halt Abortions to Conserve Masks, Gloves

Source: Bloomberg

(Bloomberg) -- Texas struck a blow against abortion rights when a federal appeals court ruled the state can ban most procedures as long as the governor’s emergency health decree to save medical supplies for fighting the pandemic is in effect.

A three-judge panel in New Orleans said in a 2-1 ruling that a woman’s constitutional right to abortion can be temporarily set aside during a national health emergency.

U.S. Supreme Court precedent says “all constitutional rights may be reasonably restricted to combat a public health emergency,” Circuit Judge Kyle Duncan, who was appointed by President Donald Trump, wrote in the majority opinion.

The ruling came after clinics, impatient for guidance, threatened to escalate the issue to the Supreme Court on Wednesday morning.

Read more: https://www.msn.com/en-us/news/us/texas-allowed-to-halt-abortions-to-conserve-masks-gloves/ar-BB12hASV?li=BBnbfcN&ocid=DELLDHP

29 replies = new reply since forum marked as read
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Texas Allowed to Halt Abortions to Conserve Masks, Gloves (Original Post) Yo_Mama_Been_Loggin Apr 2020 OP
SO ok to force people to vote during pandemic, but women can't receive necessary medical care? hlthe2b Apr 2020 #1
Let me guess genxlib Apr 2020 #2
omg. omg. riversedge Apr 2020 #3
The public health emergency Mr.Bill Apr 2020 #4
Is Texas in a shelter at home status? Mendocino Apr 2020 #5
Yes it is. former9thward Apr 2020 #13
I had heard earlier Mendocino Apr 2020 #14
🤬🤬🤬🤬🤬 SheltieLover Apr 2020 #6
If this is not stayed and the ban lifted pending appeal, the judicial branch is beyond broken. pat_k Apr 2020 #18
It isn't even about conserving masks and gloves - it also applies to non-surgical abortions progree Apr 2020 #7
If there is anything beyond unbelievable, this is it. pat_k Apr 2020 #19
The war on women continues unabated. Hoping people are too busy and worried to notice, niyad Apr 2020 #8
Whats next suspension of habeas corpus.................because judge doofus your traitor has not turbinetree Apr 2020 #9
A federal judge said Oklahoma can't halt abortions Marthe48 Apr 2020 #10
Nothing else better to do...................maybe they can get Harold Hamms approval................ turbinetree Apr 2020 #12
Pro-life is a myth. keithbvadu2 Apr 2020 #11
r's killed over 12,000 people so far Marthe48 Apr 2020 #16
Contemptible Bullshit. BlueIdaho Apr 2020 #15
The decision is judicial insanity. pat_k Apr 2020 #20
👍🏻 BlueIdaho Apr 2020 #21
To judge the ban to be a "reasonable restriction" is insanity pat_k Apr 2020 #17
This is such a load of shit for women in Texas. flying_wahini Apr 2020 #22
Monstrous. How can a huge state tolerate these woman-hating fascists? Are they really that powerful? Judi Lynn Apr 2020 #23
Too bad this is only binding in the Fifth Circuit jmowreader Apr 2020 #24
A forced birth uses up a lot more masks than an abortion. SunSeeker Apr 2020 #25
Perfection of oppression. dchill Apr 2020 #26
As long as people in Texas vote for Abbott duforsure Apr 2020 #27
Well if that isnt total MFM008 Apr 2020 #28
SARAH PALIN WAS RIGHT!!! MyOwnPeace Apr 2020 #29

genxlib

(5,518 posts)
2. Let me guess
Tue Apr 7, 2020, 05:02 PM
Apr 2020

They probably also have a limitation on the term so that the pregnancy will be too far along by the time regulations go back to normal.

Assholes

Mr.Bill

(24,238 posts)
4. The public health emergency
Tue Apr 7, 2020, 05:07 PM
Apr 2020

will remain in effect until a Democrat is elected governor.

They have found a way. Watch this happen in every red state.

Mendocino

(7,482 posts)
14. I had heard earlier
Tue Apr 7, 2020, 06:41 PM
Apr 2020

that it was under a local jurisdiction order. I'm certainly glad that they are tightening up. Thank You

progree

(10,892 posts)
7. It isn't even about conserving masks and gloves - it also applies to non-surgical abortions
Tue Apr 7, 2020, 05:14 PM
Apr 2020

From the article:

A March 22 order by Texas Governor Greg Abbott, a Republican, banned all non-essential medical procedures in order to preserve hospital beds and personal protective equipment for treating Covid-19 patients. The order applies to even non-surgical abortions that don’t require masks and gloves, and violators face steep fines and jail time, according to Texas Attorney General Ken Paxton, also a Republican.


The court that issued this is the U.S. 5th Circuit Court of Appeals

pat_k

(9,313 posts)
19. If there is anything beyond unbelievable, this is it.
Tue Apr 7, 2020, 08:36 PM
Apr 2020

More in post below.

If this decision is not immediately stayed and the ban lifted, our judicial branch is beyond broken.

turbinetree

(24,683 posts)
9. Whats next suspension of habeas corpus.................because judge doofus your traitor has not
Tue Apr 7, 2020, 05:40 PM
Apr 2020

declared a national emergency.........................or did you get another federalist society memo saying otherwise............or are you just pulling shit out of air to make sound legal..........................

Marthe48

(16,898 posts)
10. A federal judge said Oklahoma can't halt abortions
Tue Apr 7, 2020, 05:55 PM
Apr 2020

I imagine OK will draft a medical emergency bill immediately to try again.

keithbvadu2

(36,655 posts)
11. Pro-life is a myth.
Tue Apr 7, 2020, 06:06 PM
Apr 2020

Republicans are in favor of killing living babies and have done so.

Pro-life is a myth.

The supposed pro-lifers cared naught when the state of Texas (republican gov, republican Prez) deliberately killed living baby Sun Hudson against the mother's wishes because he was an inconvenience to the state.

It is not a matter of life to the supposed pro-lifers.

It is a matter of control.

Marthe48

(16,898 posts)
16. r's killed over 12,000 people so far
Tue Apr 7, 2020, 07:53 PM
Apr 2020

and the death toll is climbing. Just covid-19, not even talking about all of the other ways.

BlueIdaho

(13,582 posts)
15. Contemptible Bullshit.
Tue Apr 7, 2020, 07:22 PM
Apr 2020

To be fair they should allow access to chemical abortion medication without prescription. No masks, no gloves, no office visits. It is an emergency after all - right?

pat_k

(9,313 posts)
20. The decision is judicial insanity.
Tue Apr 7, 2020, 08:41 PM
Apr 2020

To claim the ban is a "reasonable restriction" is insanity. To allow the inclusion of chemical abortions in the ban proves the two judges are either utterly corrupt or insane.

pat_k

(9,313 posts)
17. To judge the ban to be a "reasonable restriction" is insanity
Tue Apr 7, 2020, 08:26 PM
Apr 2020
"..all constitutional rights may be "reasonably restricted"..."


Every day a woman is forced to continue a pregnancy she has chosen to terminate inflicts psychological harm and, depending on timing, may force her to endure a higher risk procedure (e.g., a woman currently a candidate for a simpler, surgical procedure may be forced to wait and endure a procedure that involves contraction inducing medications in combination with surgery).

Subjecting women to this type of physical and psychological harm is NOT a "reasonable" means to address the potential inability to address a projected shortage in PPE in another way (e.g., new disinfecting devices / procedures that allow reuse of N95 masks; increased manufacturing).

I know our justice system has been utterly corrupted by the systematic appointment of zealots who have no concept of ACTUAL justice, but even in our broken system, I would not expect such complete abandonment of the basic tenet that true justice must preserve every person's right to be protected against this kind of psychological and physical harm.

An unproven potential for harm cannot outweigh the KNOWN damage inflicted by allowing this ban to remain in effect.

Before 9 weeks, the right to choose means the right to choose the method (chemical/medical vs. surgical) after being presented with what each option involves and what the relative risks are. If the ban only permits chemical/medical termination, a woman is being unreasonably denied the right to make a very consequential health care decision. If chemical/medical terminations are included in the ban, even worse. If a woman who is less than 9 weeks is forced to continue a pregnancy, she is being denied access to the safest methods for terminating a pregnancy. Forcing a woman to continue a pregnacy that is further along will ultimately deny her the right to terminate entirely.

This is NOT "reasonable."

Judi Lynn

(160,450 posts)
23. Monstrous. How can a huge state tolerate these woman-hating fascists? Are they really that powerful?
Tue Apr 7, 2020, 10:37 PM
Apr 2020

They're all interconnected, too. As was mentioned in the thread, now Texas has done this it will reappear in the other states from hell.

How can decent, healthy, intelligent people be held captive by twisted, perverted, anal thugs?

They are the faces of the world's worst disease.

jmowreader

(50,528 posts)
24. Too bad this is only binding in the Fifth Circuit
Tue Apr 7, 2020, 11:13 PM
Apr 2020

According to Judge Duncan, ALL constitutional rights may be “reasonably restricted” to combat a public health emergency.

I read that as judicial permission for the states right-wingers don’t like anyway to declare gun stores “non essential” and shut them all down right now. Sorry kids, you’ll just have to defend that cache of hoarded toilet paper with the ninety-six guns and fourteen hundred pounds of ammunition that you had the day the quarantine was declared.

duforsure

(11,884 posts)
27. As long as people in Texas vote for Abbott
Wed Apr 8, 2020, 04:57 AM
Apr 2020

Attacks on women's rights will continue against them. Abbott stalling everything here in Texas, and doesn't even have an order out for all essential workers , especially in the food industry , to have to wear masks and gloves. He's stalling testing people too. That's why the numbers aren't truly reflective of reality here, yet. Abbott needs to go for this.

MFM008

(19,803 posts)
28. Well if that isnt total
Wed Apr 8, 2020, 05:49 AM
Apr 2020

Bullshit.
Maggot appointed judge.
Why is it good people are dying
Like flies and evil bastards
Like maggot and his minions
Thrive like..well, maggots.

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