Texas can continue temporarily banning abortions due to the coronavirus pandemic, a federal court has ruled.
A three-judge panel of the 5th U.S. Circuit Court of Appeals on Friday overturned a district court decision that allowed abortions to proceed despite Gov. Greg Abbott’s executive order that had halted them.
Abbott’s March 29 order included abortion among other “non-essential” medical procedures that cannot be performed while Texas health care workers grapple with COVID-19 — but the state court ruled that the action was unconstitutional after Planned Parenthood and other abortion providers sued.
By a 2-1 vote, the circuit court reinstated Abbott’s order, but added an exception if delaying the procedure would place the pregnancy beyond the state’s 22-week abortion cutoff. The Friday ruling affirmed a stay that was issued earlier in the week.
The Texas order, which is set to expire April 21 but may be extended, mirrors similar efforts in Alabama, Iowa, Ohio, and Oklahoma.
