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:
My office will tirelessly defend Governor Abbott’s Order to ensure that necessary supplies reach the medical professionals combating this national health crisis.— Ken Paxton (@KenPaxtonTX) March 26, 2020
Abortion providers who refuse to follow state law are demonstrating a clear disregard for Texans suffering from this medical crisis. For years, abortion has been touted as a ‘choice’ by the same groups now attempting to claim it is an essential procedure.https://t.co/Q0WFl2U3Rl— Texas Attorney General (@TXAG) March 31, 2020
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:
BREAKING: Federal appeals court has overturned the temporary restraining order that allowed abortion providers in Texas to continue operating.— Matt Largey (@mattlargey) March 31, 2020
That means the ban on abortions is back on. pic.twitter.com/gnhz4ifJRT
Planned Parenthood and other abortion interest groups will undoubtedly continue to push for an overturn of orders banning "non-essential" surgeries nationwide.