CNA Staff, Oct 14, 2020 / 15:00 pm America/Denver (CNA).
A three-judge appeals court panel on Tuesday struck down a Texas law that bans dilation-and-evacuation abortions.
Judge James Dennis, writing for the 2-1 majority on the 5th Circuit panel, said the Texas law “unduly burdens a woman’s constitutionally-protected right to obtain a previability abortion.”
He said the law “confers no medical benefit for women patients while forcing them to undergo unnecessary, painful, invasive, and even experimental procedures.”
The abortion rule in question bars Dilation and Evacuation (D&E) abortions, sometimes known as “dismemberment abortion,” which typically take place in the second trimester, using forceps and other instruments to remove the fetus from the womb.
Advocates of the law say it is defensible under the 2007 U.S. Supreme Court ruling Gonzales v. Carhart, which says states have a “compelling interest in protecting the integrity and ethics of the medical profession and in protecting the life of the preborn child.”