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Tipsheet

Fifth Circuit Sides with Texas Governor and AG in Lawsuit from Planned Parenthood

Nick Wagner/Austin American-Statesman via AP, Pool

The Fifth Circuit Court of Appeals ruled in favor of Texas Governor Greg Abbott (R-TX) and Attorney General Ken Paxton (R-TX) on Tuesday afternoon, giving Texas the green light to enforce a statewide ban on performing abortions during COVID-19. The ruling from the Fifth Circuit is in response to a lawsuit from Planned Parenthood and the Center for Reproductive Rights, both of whom sued the state of Texas for the governor's order. The order followed suit of the state of Ohio, on account of abortions being “non-essential,” “non-emergent” surgeries. It was designed not to prohibit abortions, but to prioritize real medical needs; abortions necessary to save the life of the mother received an exemption under Gov. Abbott’s order:

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A lower court judge gave Planned Parenthood a temporary win on Monday night, ruling that the "non-essential" surgery order violated Roe v. Wade. AG Paxton appealed the decision in the Fifth Circuit Court of Appeals:

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Planned Parenthood and other abortion interest groups will undoubtedly continue to push for an overturn of orders banning "non-essential" surgeries nationwide.

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