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You are here News Domestic (USA) Court backs Texas pandemic abortion ban, citing emergency powers

Court backs Texas pandemic abortion ban, citing emergency powers

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Court bans Texas ban on abortion

A federal appeals court on Tuesday affirmed Texas' right to ban abortions during the coronavirus pandemic, in what it described as a "drastic and extraordinary" move based on arguments that states can limit constitutional rights during emergencies.

A divided three-judge panel of the 5th U.S. Circuit Court of Appeals threw out a lower court ruling blocking the ban — one of a series of recent abortion curbs enacted by conservative-led states on the grounds abortion is not a medically necessary procedure. Similar bans have been blocked by courts in Oklahoma, Ohio and Alabama.

Precedent "allows the state to restrict, for example, one’s right to peaceably assemble, to publicly worship, to travel, and even to leave one’s home" in a public health or other emergency, wrote Judges Jennifer Walker Elrod and Kyle Duncan, both Republican appointees. "The right to abortion is no exception."

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