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 governors 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 womans 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
hlthe2b
(102,119 posts)genxlib
(5,518 posts)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
riversedge
(70,084 posts)Mr.Bill
(24,238 posts)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)...I'll wager a guess and say no.
former9thward
(31,936 posts)Mendocino
(7,482 posts)that it was under a local jurisdiction order. I'm certainly glad that they are tightening up. Thank You
SheltieLover
(57,073 posts)Always busy taking away rights! I hope this is challenged!
pat_k
(9,313 posts)More in reply below.
progree
(10,892 posts)From the article:
The court that issued this is the U.S. 5th Circuit Court of Appeals
pat_k
(9,313 posts)More in post below.
If this decision is not immediately stayed and the ban lifted, our judicial branch is beyond broken.
niyad
(113,055 posts)turbinetree
(24,683 posts)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)I imagine OK will draft a medical emergency bill immediately to try again.
turbinetree
(24,683 posts)keithbvadu2
(36,655 posts)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)and the death toll is climbing. Just covid-19, not even talking about all of the other ways.
BlueIdaho
(13,582 posts)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)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)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."
flying_wahini
(6,578 posts)Judi Lynn
(160,450 posts)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)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 dont like anyway to declare gun stores non essential and shut them all down right now. Sorry kids, youll 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.
SunSeeker
(51,512 posts)dchill
(38,442 posts)duforsure
(11,884 posts)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)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.
MyOwnPeace
(16,917 posts)There ARE death panels - and they have been created by RepubliCons!