The lower court “committed numerous, reversible legal and factual errors,” according to the U.S. Court of Appeals for the Fifth Circuit.,
Texas Can Ban Common Form of Second-Trimester Abortion, Appeals Court Rules
The lower court “committed numerous, reversible legal and factual errors,” according to the U.S. Court of Appeals for the Fifth Circuit.
Planned Parenthood, Whole Woman’s Health and other abortion providers in Texas had challenged a law that was passed in 2017 but immediately blocked by federal courts. Credit…Larry W Smith/EPA, via Shutterstock
The U.S. Court of Appeals for the Fifth Circuit on Wednesday overturned a lower court’s decision that had blocked a Texas law banning a commonly used abortion method.
The lower court “committed numerous, reversible legal and factual errors,” according to the decision on Wednesday.
“Accordingly,” it continued, “we VACATE the district court’s permanent injunction.”
At issue is a Texas law that was passed in 2017 but has not yet been in effect because of legal battles. The law, known as Senate Bill 8, prohibits a dilation and evacuation abortion method, and requires doctors to use alternative abortion methods, according to Wednesday’s decision.
The earlier court found that the 2017 law “imposes an undue burden on a large fraction of women” because it “amounted to a ban on all D&E abortions.”
That interpretation is wrong, the Fifth Circuit Court of Appeals said on Wednesday. Records show that “doctors can safely perform D&Es and comply with SB8 using methods that are already in widespread use,” according to Wednesday’s ruling.
This is a developing story. It will be updated.