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Five-day-long trial opens in lawsuit against Texas dismemberment abortion ban

by | Nov 2, 2017

By Dave Andrusko

Judge Lee Yeakel

At 9:00 this morning, opponents of a part of Texas’ Senate Bill 8 began telling U.S. District Court Judge Lee Yeakel of the Western District of Texas why the state’s “Dismemberment Abortion Ban” is unconstitutional while the state of Texas defended the legislation passed last May. The trial is expected to last five days.

As Texas Right to Life explained, the Dismemberment Abortion Ban is “a prohibition on the medical procedure whereby a living child in utero is killed by ripping him or her limb from limb.” Legislatures in seven other states have passed a similar law: Arkansas, Louisiana, Kansas, Mississippi, Alabama, Oklahoma, and West Virginia.

Senate Bill 8 passed last May. In July the Center for Reproductive Rights (CRR) and Planned Parenthood filed a lawsuit on behalf of several abortion “providers.”

When the CRR and the ACLU filed their lawsuit, Texas Right to Life wrote that it “has faith in the Office of the Attorney General of Texas, Ken Paxton, and in his experienced team to successfully defend this Pro-Life priority legislation and to once and for all end inhumane and horrific practice of dismemberment abortions in Texas.”

Pro-abortionists argue the ban prohibits the most common second trimester abortion technique–good rhetoric but untrue.

“Defending the law, state Attorney General Ken Paxton said Texas has an interest in banning a ‘brutal, gruesome and inhumane’ procedure with regulations that do not place additional burdens on women,” reported Chuck Lindell, of the [Austin] American-Statesman.

As NRL News Today reported Judge Yeakel first issued a temporary restraining order blocking Texas’ Dismemberment Abortion Ban while the full lawsuit brought by the abortion industry against the State of Texas moved forward. (Judge Yeakel’s initial order was issued Aug. 31, a day before the law was set to take effect.)

The TRO had been scheduled to expire in 14 days–on September 14–but Judge Yeakel then “grant[ed] a request from the attorney general’s office and abortion clinics suing the state, and extended by some three weeks his order blocking the law,” the San Antonio Express reported.

That’s when Judge Yeakel set today as the trial date.

Lindell added

Yeakel’s ruling, however, will be appealed by the losing side, meaning the issue will ultimately be decided by the 5th U.S. Circuit Court of Appeals — generally considered among the nation’s most conservative courts — with a chance the Supreme Court could weigh in as well.

Categories: Judicial