DES MOINES, Iowa (AP) – Federal judges on Monday temporarily blocked efforts in Texas and Alabama to ban abortions during the coronavirus pandemic, handing Planned Parenthood and other abortion providers a victory as clinics across the U.S. filed lawsuits to stop states from trying to shutter them during the outbreak.
A new Ohio order is also unconstitutional if it prevents abortions from being carried out, a separate judge ruled Monday. The ruling instructed clinics to determine on a case-by-case basis if an abortion can be delayed to maximize resources – such as preserving personal protective equipment – needed to fight the coronavirus. If the abortion is deemed necessary and can’t be delayed, it’s declared legally essential.
The rulings indicated judges were pushing back on Republican-controlled states including abortion in sweeping orders as the outbreak grows in the U.S. In Texas, the ruling came down after state Attorney General Ken Paxton, a Republican, said abortion was included in a statewide ban on nonessential surgeries.
But U.S. District Judge Lee Yeakel said the “Supreme Court has spoken clearly” on a woman’s right to abortion. One abortion provider in Texas, Whole Woman’s Health, said it had canceled more than 150 appointments in the days after the Texas order went into effect.
“There can be no outright ban on such a procedure,” Yeakel wrote. Paxton said the state would appeal.