Court rules Texas can ban medical abortions

‘Right to abortion does not include the right to the abortion method of the woman’s choice’ majority opinion said

Texas has been given the power to ban medical abortions during the coronavirus pandemic, a federal appeals court has ruled.

On Monday, the 5th Circuit Court of Appeals in New Orleans ruled that the state was within its rights to ban medical abortions, and other abortion procedures, in the fight against Covid-19.

The court came to a two to one decision with judges Jennifer Elrod and Kyle Duncan forming the majority opinion.

The opinion’s reasoning was that the procedures would demand the use of PPE including masks and gowns that would be needed in the fight against the pandemic.

The judges argued that a lower court made the mistake of treating a medication abortion as “an absolute right”.

Last week, the same panel temporarily blocked the state’s prohibition while it took more time to consider the matter.

“But the constitutional right to abortion does not include the right to the abortion method of the woman’s (or the physician’s) choice,” the opinion said.

PPE shortages are putting strain on the healthcare systems of states worst hit by the virus, with many hospitals and healthcare facilities facing difficulties accessing enough supplies to keep health care workers protected.

Clinics have argued that medication abortions do not require PPE that may be needed for coronavirus patients.

The opinion argued that it was not certain that such equipment would not be used during a medication abortion.

Medication abortion uses a combination of two medications used to end a pregnancy and can be used at any stage of pregnancy, according to Britain's National Health Service website. It does not require surgery or an anaesthetic.

Texas has over 19,000 confirmed cases of the novel coronavirus as of Monday, with 490 deaths, according to data from the Johns Hopkins University.

Additional reporting by The Associated Press