Pardon me while I gird my loins for whatever happens next.
Texas abortion providers have taken a back-and-forth legal battle with the state of Texas over its temporary ban on the procedure to the U.S. Supreme Court.
The groups on Saturday requested an emergency stay from the high court, asking that it overturn a federal appeals court decision and allow medication-induced abortion services, and surgical abortions in limited circumstances, while the case proceeds.
The request comes amid the longest period that women in the state have ever been without access to abortion since the landmark 1973 Roe v. Wade case that legalized the procedure, as the more than two-weeklong legal saga continues.
The battle began when Gov. Greg Abbott on March 22 banned elective surgeries during the coronavirus state of disaster in a move intended to conserve personal protective equipment needed to fight the pandemic, and the groups quickly filed suit. The Texas Attorney General Ken Paxton, who is representing the state, did not immediately respond to a request for comment Saturday.
The state has argued that personal protective equipment would still be needed with medication abortions and that those could even require hospitalizations if complications followed. Paxton said in an interview with CBS on Wednesday that he figured that the case would rise to the nation’s highest court.
Legal battles are brewing in several other states where abortion rights groups have sued over similar bans, including Alabama, Ohio and Oklahoma, but Texas’ case is the first to reach the Supreme Court.
See here for the previous update. It’s possible that SCOTUS will react the way they did following the recent Louisiana case where that state passed an anti-abortion law nearly identical to the one SCOTUS had struck down from Texas in the Whole Women’s Health decision, with the message going to the Fifth Circuit that “you don’t get to overturn Roe v Wade, only we get to do that” (hat tip to Dahlia Lithwick for the concept). If that’s the case, they’ll allow the hold on the executive order to stay in place until they can rule on the issue, in which case they have whatever rein they want to restrict abortions. I mean, let’s be clear, if all it takes to shut down clinics across the state is for the governor to declare a state of emergency, then what’s stopping him from declaring a permanent state of emergency? Or at least saying that until there’s a broad-based coronavirus vaccine that meets whatever arbitrary standard of effectiveness that Texas would choose, all such restrictions must stay in place? A right is not a right if it can be revoked on a whim, and there has to be some clear and compelling reason for it to be restricted in the first place. We’ll see what SCOTUS makes of this, but we need to be prepared for some bad news.