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Federal Judge Temporarily Blocks Texas Ban On Abortions During Coronavirus Spread

Texas law requires minors to notify or get consent from a parent or guardian before getting an abortion. If they don't want to, young women can ask a judge for permission.
Gabriel C. Pérez

A federal judge has temporarily blocked Texas’ ban on abortions during the coronavirus pandemic in the state.

U.S. District Court Judge Lee Yeakel in Austin ruled Monday that state officials can't restrict abortion providers from offering the procedure to their patients.

Texas officials banned abortions last week as part of what they say is an effort to halt medical procedures that are “not immediately medically necessary” during the spread of the virus.

Texas Attorney General Ken Paxton argued in a legal brief submitted to the court Monday that the ban on abortions is an effort to “preserve desperately needed medical supplies for the health care professionals combatting the Coronavirus (COVID-19) pandemic.”  

“Medical professionals are in dire need of supplies, and abortion providers who refuse to follow state law are demonstrating a clear disregard for Texans suffering from this medical crisis,” Paxton wrote.

RELATED | Providers Report Anger And Despair Among Patients After Texas Officials Ban Abortions

In his order, Judge Yeakel said the ban raised concerns the state was violating the constitutional rights of women in the state, as well as causing “irreparable harm” to those seeking the procedure.

“Regarding a woman's right to a pre-fetal-viability abortion, the Supreme Court has spoken clearly,” Yeakel wrote. “There can be no outright ban on such a procedure. This court will not speculate on whether the Supreme Court included a silent ‘except-in-a-national-emergency clause’ in its previous writings on the issue.”

Paxton said in a statement his office would appeal. 

The court blocked the ban until April 13, when the court plans to hold a 9:30 a.m. hearing by phone.

Got a tip? Email Ashley Lopez at alopez@kut.org. Follow her on Twitter @AshLopezRadio.

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Ashley Lopez is a reporter forWGCUNews. A native of Miami, she graduated from the University of North Carolina at Chapel Hill with a journalism degree.
Ashley Lopez
Ashley Lopez joined KUT in January 2016. She covers politics and health care, and is part of the NPR-Kaiser Health News reporting collaborative. Previously she worked as a reporter at public radio stations in Louisville, Ky.; Miami and Fort Myers, Fla., where she won a National Edward R. Murrow Award.
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