Judge halts Texas law requiring burial or cremation of fetal tissue

[Eugene]

Source: Reuters

AUSTIN, Texas (Reuters) - A federal judge on Monday placed a temporary halt on a Texas law requiring abortion providers to dispose of aborted fetal tissue through burial or cremation, saying the state has not shown how the measure has a public health purpose.

U.S. District Judge David Ezra in Texas also said the law approved last year by the Republican-controlled legislature may violate constitutional due-process provisions.

“No health and safety purpose has been articulated despite (the regulation‘s) presence in the Texas Health and Safety Code,” Ezra wrote, adding the halt was to remain in place until a decision from a forthcoming federal bench trial.

Republican Attorney General Ken Paxton said the law on fetal remains was meant to honor the dignity of the unborn and his office will battle in court to have the requirements enacted.

-snip-

#HEALTH NEWS JANUARY 29, 2018 / 5:01 PM / UPDATED AN HOUR AGO
Jon Herskovitz
3 MIN READ


Read more: https://www.reuters.com/article/us-texas-abortion/judge-halts-texas-law-requiring-burial-or-cremation-of-fetal-tissue-idUSKBN1FI2PM

[Gothmog]

1. Texas fetal remains burial rule blocked by federal court again

This is good news https://www.texastribune.org/2018/01/29/texas-fetal-remains-burial-rule-blocked-federal-court-again/

Texas’ second attempt to require health providers to bury or cremate fetal remains has been temporarily thwarted by a federal judge and another court battle is imminent.

In his Monday afternoon ruling, U.S. District Judge David Alan Ezra said the Texas Department of State Health Services’ arguments “lack merit.”

“For those eager for a result in this case, it is tempting to read the Court's decision as a signal on who will win at trial or as a determination of the validity of Plaintiffs' claims,” Ezra said. “Such guesswork would be premature. The Court only concludes Plaintiffs establish injunctive relief is warranted to preserve the status quo.”

The current fight is over Senate Bill 8, a law passed during the 2017 legislative session that has a provision forcing health care facilities to bury or cremate any fetal remains from abortions, miscarriage or treatment for ectopic pregnancy, regardless of their patients’ personal wishes or beliefs. That provision was supposed to go into effect Feb. 1.

[angrychair]

3. What about the blastocyst?

Is the passing of a blastocyst require burial? Is that a miscarriage too? Since a women can pass one for any number of reasons and never know she was even pregnant or that she passed the blastocyst, how are they supposed to comply with the law? Do they have a cremation for every pad or tampon?
What do they tell their commander? Will they have to become a Martha because of it?

[AtheistCrusader]

2. Dignity. Another attribute of personhood that is not evident in a fetus.

These people will never stop. They're like terminators. Just keep on coming.

[iluvtennis]

4. Great analogy to the terminators that keeps on coming. They do all of this for fetuses, but no

respect to living brown/black ppl, LGBQT, Muslims, homeless, etc.

[bitterross]

5. The best way to honor the unborn is to leave their freaking mothers alone!

Until the last election I probably wouldn't have agreed that this was all about misogyny and controlling women. I would have said that some of them were sincere in their beliefs about life. I think there are some who are truly sincere in that belief. I just don't believe any of the male politicians. I'm very convinced that for them it is all about controlling women and trying to keep them "in their place."

[keithbvadu2]

6. Does it cover miscarriages which are also abortions?