Bloomberg Law
Aug. 18, 2021, 10:28 PMUpdated: Aug. 19, 2021, 3:16 PM

Texas Dilation and Evacuation Abortion Law Valid, Court Says (2)

Mary Anne Pazanowski
Mary Anne Pazanowski
Legal Reporter

A Texas law imposing civil and criminal penalties on physicians who perform dilation and evacuation abortions during the second trimester of pregnancy without first ensuring the fetus is dead is valid, a fractured Fifth Circuit said Wednesday.

The full U.S. Court of Appeals for the Fifth Circuit vacated a lower court order permanently blocking Texas from enforcing the law, which prohibits doctors from performing an abortion solely by using forceps to separate and remove fetal tissue unless there is a medical emergency.

The law allows doctors to perform second-trimester abortions by using suction or a digoxin injection to cause fetal ...