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January 25, 2021      1:02 PM

Supreme Court wipes out lower court rulings in Texas abortion battle

Via Pete Williams at NBC News:

The U.S. Supreme Court on Monday handed a victory to advocates of abortion rights, wiping lower court rulings off the books that had upheld a Texas order banning nearly all abortions in the state during the coronavirus pandemic.

Gov. Greg Abbot ordered a halt to nonessential medical procedures in late March of last year to conserve hospital resources and personal protective equipment. Attorney General Ken Paxton then said the order applied to "any type of abortions," including medical abortions that do not involve surgery. A federal judge in Texas declared the order too broad and lifted the ban. But the 5th U.S. Circuit Court of Appeals in New Orleans put it back in place. In public health emergencies, the appeals court said, a state can restrict constitutional rights including, "one's right to peaceably assemble, to publicly worship, to travel, and even to leave one's home. The right to abortion is no exception."

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