Doctors, States Back Abortion Providers in Redo of Texas Suit

Jan. 12, 2021, 3:50 PM

Texas’ restrictions on dilation and evacuation abortion must be stricken, several doctors, states, and constitutional law scholars told the Fifth Circuit in briefs supporting providers’ challenge to a law barring the procedure unless a doctor first ensures “fetal demise.”

The U.S. Court of Appeals for the Fifth Circuit is rehearing the case en banc after withdrawing an earlier opinion in which a split panel affirmed a lower court ruling that held the law unconstitutional.

The panel’s majority called the fetal demise requirement an “invasive, additional step” that isn’t part of a typical D&E procedure. But dissenting Judge Don R. Willett...

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