Texas can ban medication abortions during virus efforts, appeals court rules – By Associated Press (PBS Newshour) / April 20 2020
NEW ORLEANS (AP) — Texas can now ban medication abortions as part of the state’s effort to fight the spread of the new coronavirus, a federal appeals court panel ruled Monday.
The 5th Circuit Court of Appeals in New Orleans last week temporarily blocked the state’s prohibition on medication abortions while it gave more consideration to the issue.
The same panel, in a 2-1 decision, said Monday the state was within its rights to ban that — and other abortion procedures — as it sought to slow the use of masks, gowns and other protective medical gear.
The majority opinion by judges Jennifer Elrod and Kyle Duncan said a lower court erred by treating a medication abortion as “an absolute right.”
“But the constitutional right to abortion does not include the right to the abortion method of the woman’s (or the physician’s) choice,” the majority opinion said.
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