Abortionists Sue Texas Over State’s Coronavirus Abortion Ban
States dealing with the coronavirus pandemic have to fight the spread of the virus in every way they can: Closures, shelter-in-place orders, emergency funding for healthcare, calls for volunteer help, including retired doctors and nurses, and dozens of other methods.
Texas, like Ohio and Louisiana, banned all elective surgeries and procedures in an attempt to save hospital beds, but also to save on dwindling supplies of “personal protective equipment” (PPE) such as masks, hospital gowns, gloves and protective eyewear that are essential for meeting the overwhelming needs of healthcare facilities and personnel on the frontlines of the current battle against the deadly virus.
Abortion clinics in Ohio have defied the state’s ban by saying they will continue to perform abortions, while somehow conserving PPE, a transparently false statement. Louisiana’s three abortion clinics closed, although no one expects them give in without a legal fight. These are the same clinics who defied the state’s law about hospital admitting privileges requirements for abortionists and sued. That case is now at the U.S. Supreme Court.
Texas has some major abortion players, including several large Planned Parenthood clinics, and they’ve joined together to file a federal lawsuit over the prohibition. They allege that Governor Greg Abbott’s Executive Order (EO), which banned elective surgeries and procedures, violates their constitutional rights. And they particularly object to Texas’ Attorney General Ken Paxton’s follow-up press release affirming that the Governor’s EO covers “any type of abortions.”
This latter objection is important because the Texas abortion industry sells a substantial amount of chemical abortions, which involve taking some pills rather than requiring a procedure. Hence, no PPE is involved in those. The abortionists argue that Paxton’s order covers chemical abortions (legal in Texas up to 10 weeks gestation), whereas Gov. Abbott’s EO does not.
The Texas abortion industry is flushed with its own recent success at knocking out a Texas admitting privilege requirement for abortionists at local hospitals. In 2016, the U.S. Supreme Court ruled against the Texas law in Whole Woman’s Health v. Hellerstedt. The lead plaintiff, Whole Woman’s Health, is one of the plaintiffs in the current challenge to Texas’ attempt to deal with the effects of the coronavirus pandemic.
The abortion industry is well-financed and not afraid to show its legal muscle, as evidenced by the 12, I repeat, 12 attorneys who signed the official court papers filed on behalf of the abortion sellers in this Texas case.
In addition to being the industry that kills babies for a profit, it also, if this lawsuit is to be believed, apparently thinks of itself as providing such a valuable public service that it should preempt the needs of the fight against a worldwide pandemic.
It’s a strange and sad day when churches are closed, but abortion clinics remain open.
I’m praying for Texas in this court fight. Won’t you join me?
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ABOUT THE AUTHOR
Bruce Hausknecht, J.D., is an attorney who serves as Focus on the Family’s judicial analyst. He is responsible for research and analysis of legal and judicial issues related to Christians and the institution of the family, including First Amendment freedom of religion and free speech issues, judicial activism, marriage, homosexuality and pro-life matters. He also tracks legislation and laws affecting these issues. Prior to joining Focus in 2004, Hausknecht practiced law for 17 years in construction litigation and as an associate general counsel for a large ministry in Virginia. He was also an associate pastor at a church in Colorado Springs for seven years, primarily in worship music ministry. Hausknecht has provided legal analysis and commentary for top media outlets including CNN, ABC News, NBC News, CBS Radio, The New York Times, the Chicago Tribune, The Washington Post, The Washington Times, the Associated Press, the Los Angeles Times, The Wall Street Journal, the Boston Globe and BBC radio. He’s also a regular contributor to The Daily Citizen. He earned a bachelor’s degree in history from the University of Illinois and his J.D. from Northwestern University School of Law. Hausknecht has been married since 1981 and has three adult children, as well as three adorable grandkids. In his free time, Hausknecht loves getting creative with his camera and capturing stunning photographs of his adopted state of Colorado.
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