“Texas can limit access to the most common procedure used to end a pregnancy in the second trimester, an appeals court ruled Wednesday, in a decision likely to end up before the U.S. Supreme Court. The ruling paves the way for Texas to be the first state in the nation to impose such a ban.
At issue is a law passed by the Texas Legislature in 2017 that requires doctors to stop the heart, or cause what they called “fetal demise,” before the commonly used dilation and evacuation abortion procedure — except in the case of a medical emergency. Those who violate the law can face fines or jail time.
Lawyers representing abortion clinics who sued the state say there is no way to ensure such “fetal demise,” and that at least three providers would cease to perform dilation and evacuation abortions if the measure were upheld.
The Texas law has never gone into effect. It was struck down by a district judge in Austin and by a three-judge panel on the politically conservative 5th U.S. Circuit Court of Appeals last October. The 17-member court later decided to rehear the case before all its judges.”