The U.S. Appeals Court for the Fifth Circuit ruled Wednesday in a case concerning Senate Bill 8, a law the Texas Senate passed in 2017 that has yet to go into effect to ban dilation-and-evacuation abortions and punish doctors who violate the prohibition with felony charges.
Last year, a district court issued a permanent injunction against S.B.8, ruling it “unduly burdens a woman’s constitutionally protected right to obtain a pre-viability abortion” while also forcing abortion providers “to act contrary to their medical judgment.”
The appeals court on Wednesday vacated that injunction, saying the district court was incorrect to view S.B.8 as a burden on women as “doctors can safely perform D&Es and comply with S.B.8 using methods that are already in widespread use.”
“The plaintiffs have failed to carry their heavy burden of proving that S.B.8 would impose an undue burden on a fraction of women,” the judges said in their ruling.
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