Judge prevents Texas from closing abortion clinics because of coronavirus
A federal judge on Monday stopped the state of Texas from closing abortion clinics.
Texas Attorney General Ken Paxton said earlier this month that the clinics must shut their doors under Texas Gov. Greg Abbott’s orders that any surgeries not medically necessary must be postponed.
Abortion providers sued Abbott, Paxton and other state officials, trying to stop the state’s restriction.
On Monday, U.S. District Judge Lee Yeakel granted a temporary restraining order preventing the closure of clinics. It is in effect until April 13, when the judge plans to hold a telephone hearing to decide whether to issue a preliminary injunction.
“Regarding a woman’s right to a pre-fetal-viability abortion, the Supreme Court has spoken clearly,” states Yeakel’s order, in response to the lawsuit against Texas officials. “There can be no outright ban on such a procedure.”
On Monday night, Paxton said in a statement that he will appeal the ruling “to ensure that medical professionals on the frontlines have the supplies and protective gear they desperately need.”
“We will fight tirelessly against this politically-driven lawsuit to protect the health of Texans suffering from this COVID-19 crisis,” the statement said.
Abbott’s March 22 executive order gave doctors the discretion to delay procedures not immediately needed to fix a serious medical condition or save a patient’s life. The governor said the order would boost hospital capacity and preserve personal protective equipment as the coronavirus spreads. It is in place through April 21.
Paxton soon released a statement noting that the order also applies to “any type of abortion that is not medically necessary to preserve the life or health of the mother.” And he said violators could face time in jail and fines of as much as $1,000.
Among those who sought a temporary restraining order and permanent injunction against Abbott’s order: Planned Parenthood Gulf Coast, Planned Parenthood Greater Texas, Planned Parenthood South Texas, Whole Woman’s Health, Whole Woman’s Health Alliance, Southwestern Women’s Surgery Center and their co-medical director, Robin Wallace, and Austin Women’s Health Center.
Yeakel said in the ruling that the AG’s interpretation of Abbott’s order “prevents Texas women from exercising what the Supreme Court has declared is their fundamental constitutional right.”
Planned Parenthood officials said they haven’t been able to schedule appointments for patients since March 24.
“Planned Parenthood, along with other healthcare providers in Texas, is committed to providing urgent healthcare while carefully implementing COVID-19 public health guidelines,” Ken Lambrecht, President and CEO of Planned Parenthood of Greater Texas, said in a statement. “Banning abortions does not protect public health and our doors are open for patients seeking time-sensitive, essential healthcare including abortions.”
Others disagreed.
“As more people continue to die from the Coronavirus, Planned Parenthood chose to make a political statement and take more lives through abortion by suing the Governor and Attorney General who were trying to preserve medical supplies for those most in need,” Mary Elizabeth Castle, policy advisor for Texas Values, a conservative, Austin-based group, wrote in a statement.
Meanwhile, U.S. Rep. Marc Veasey, D-Fort Worth, spoke against state officials for putting the ban in place.
“Our state’s leadership must be laser focused on combating the Coronavirus pandemic and saving lives,” Veasey said in a statement. “Instead, we are seeing our state’s senior leaders further jeopardize safe health care for Texas woman at a time when they should be focused on expanding crucial services like Medicaid to the five million Texans who are currently uninsured will not suffer from lack of access to healthcare during this time.”
This story was originally published March 30, 2020 at 5:08 PM.
