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Fifth Circuit Judge Issues Dissent in Texas Abortion Law Case

Oct. 23, 2020, 12:51 PM

Texas’ limitations on the most widely used method for second trimester abortions should have been upheld, because the state’s interests in “reducing the barbarism” of dilation and evacuation procedures doesn’t unduly burden the right to end a pregnancy before viability, Fifth Circuit Judge Don R. Willett said.

The U.S. Court of Appeals for the Fifth Circuit issued a modified opinion late Thursday, adding Willett’s dissent to an Oct. 13 opinion in which it struck down a law that required abortion providers to ensure fetal death before performing the procedure.

The original opinion didn’t indicate that Willett disagreed with the majority’s...

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