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Tue Apr 7, 2020, 05:00 PM

Texas Allowed to Halt Abortions to Conserve Masks, Gloves

Source: Bloomberg

(Bloomberg) -- Texas struck a blow against abortion rights when a federal appeals court ruled the state can ban most procedures as long as the governor’s emergency health decree to save medical supplies for fighting the pandemic is in effect.

A three-judge panel in New Orleans said in a 2-1 ruling that a woman’s constitutional right to abortion can be temporarily set aside during a national health emergency.

U.S. Supreme Court precedent says “all constitutional rights may be reasonably restricted to combat a public health emergency,” Circuit Judge Kyle Duncan, who was appointed by President Donald Trump, wrote in the majority opinion.

The ruling came after clinics, impatient for guidance, threatened to escalate the issue to the Supreme Court on Wednesday morning.

Read more: https://www.msn.com/en-us/news/us/texas-allowed-to-halt-abortions-to-conserve-masks-gloves/ar-BB12hASV?li=BBnbfcN&ocid=DELLDHP

29 replies, 1737 views

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Arrow 29 replies Author Time Post
Reply Texas Allowed to Halt Abortions to Conserve Masks, Gloves (Original post)
Yo_Mama_Been_Loggin Apr 7 OP
hlthe2b Apr 7 #1
genxlib Apr 7 #2
riversedge Apr 7 #3
Mr.Bill Apr 7 #4
Mendocino Apr 7 #5
former9thward Apr 7 #13
Mendocino Apr 7 #14
SheltieLover Apr 7 #6
pat_k Apr 7 #18
progree Apr 7 #7
pat_k Apr 7 #19
niyad Apr 7 #8
turbinetree Apr 7 #9
Marthe48 Apr 7 #10
turbinetree Apr 7 #12
keithbvadu2 Apr 7 #11
Marthe48 Apr 7 #16
BlueIdaho Apr 7 #15
pat_k Apr 7 #20
BlueIdaho Apr 7 #21
pat_k Apr 7 #17
flying_wahini Apr 7 #22
Judi Lynn Apr 7 #23
jmowreader Apr 7 #24
SunSeeker Apr 8 #25
dchill Apr 8 #26
duforsure Apr 8 #27
MFM008 Apr 8 #28
MyOwnPeace Apr 8 #29

Response to Yo_Mama_Been_Loggin (Original post)

Tue Apr 7, 2020, 05:02 PM

1. SO ok to force people to vote during pandemic, but women can't receive necessary medical care?

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Response to Yo_Mama_Been_Loggin (Original post)

Tue Apr 7, 2020, 05:02 PM

2. Let me guess

They probably also have a limitation on the term so that the pregnancy will be too far along by the time regulations go back to normal.

Assholes

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Response to Yo_Mama_Been_Loggin (Original post)

Tue Apr 7, 2020, 05:03 PM

3. omg. omg.

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Response to Yo_Mama_Been_Loggin (Original post)

Tue Apr 7, 2020, 05:07 PM

4. The public health emergency

will remain in effect until a Democrat is elected governor.

They have found a way. Watch this happen in every red state.

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Response to Yo_Mama_Been_Loggin (Original post)

Tue Apr 7, 2020, 05:13 PM

5. Is Texas in a shelter at home status?

...I'll wager a guess and say no.

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Response to former9thward (Reply #13)

Tue Apr 7, 2020, 06:41 PM

14. I had heard earlier

that it was under a local jurisdiction order. I'm certainly glad that they are tightening up. Thank You

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Response to Yo_Mama_Been_Loggin (Original post)

Tue Apr 7, 2020, 05:13 PM

6. 🤬🤬🤬🤬🤬

Always busy taking away rights! I hope this is challenged!

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Response to SheltieLover (Reply #6)

Tue Apr 7, 2020, 08:29 PM

18. If this is not stayed and the ban lifted pending appeal, the judicial branch is beyond broken.

More in reply below.

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Response to Yo_Mama_Been_Loggin (Original post)

Tue Apr 7, 2020, 05:14 PM

7. It isn't even about conserving masks and gloves - it also applies to non-surgical abortions

From the article:
A March 22 order by Texas Governor Greg Abbott, a Republican, banned all non-essential medical procedures in order to preserve hospital beds and personal protective equipment for treating Covid-19 patients. The order applies to even non-surgical abortions that don’t require masks and gloves, and violators face steep fines and jail time, according to Texas Attorney General Ken Paxton, also a Republican.


The court that issued this is the U.S. 5th Circuit Court of Appeals

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Response to progree (Reply #7)

Tue Apr 7, 2020, 08:36 PM

19. If there is anything beyond unbelievable, this is it.

More in post below.

If this decision is not immediately stayed and the ban lifted, our judicial branch is beyond broken.

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Response to Yo_Mama_Been_Loggin (Original post)

Tue Apr 7, 2020, 05:24 PM

8. The war on women continues unabated. Hoping people are too busy and worried to notice,

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Response to Yo_Mama_Been_Loggin (Original post)

Tue Apr 7, 2020, 05:40 PM

9. Whats next suspension of habeas corpus.................because judge doofus your traitor has not

declared a national emergency.........................or did you get another federalist society memo saying otherwise............or are you just pulling shit out of air to make sound legal..........................

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Response to Yo_Mama_Been_Loggin (Original post)

Tue Apr 7, 2020, 05:55 PM

10. A federal judge said Oklahoma can't halt abortions

I imagine OK will draft a medical emergency bill immediately to try again.

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Response to Marthe48 (Reply #10)

Tue Apr 7, 2020, 06:06 PM

12. Nothing else better to do...................maybe they can get Harold Hamms approval................

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Response to Yo_Mama_Been_Loggin (Original post)

Tue Apr 7, 2020, 06:06 PM

11. Pro-life is a myth.

Republicans are in favor of killing living babies and have done so.

Pro-life is a myth.

The supposed pro-lifers cared naught when the state of Texas (republican gov, republican Prez) deliberately killed living baby Sun Hudson against the mother's wishes because he was an inconvenience to the state.

It is not a matter of life to the supposed pro-lifers.

It is a matter of control.

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Response to keithbvadu2 (Reply #11)

Tue Apr 7, 2020, 07:53 PM

16. r's killed over 12,000 people so far

and the death toll is climbing. Just covid-19, not even talking about all of the other ways.

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Response to Yo_Mama_Been_Loggin (Original post)

Tue Apr 7, 2020, 07:22 PM

15. Contemptible Bullshit.

To be fair they should allow access to chemical abortion medication without prescription. No masks, no gloves, no office visits. It is an emergency after all - right?

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Response to BlueIdaho (Reply #15)

Tue Apr 7, 2020, 08:41 PM

20. The decision is judicial insanity.

To claim the ban is a "reasonable restriction" is insanity. To allow the inclusion of chemical abortions in the ban proves the two judges are either utterly corrupt or insane.

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Response to pat_k (Reply #20)

Tue Apr 7, 2020, 08:58 PM

21. 👍🏻

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Response to Yo_Mama_Been_Loggin (Original post)

Tue Apr 7, 2020, 08:26 PM

17. To judge the ban to be a "reasonable restriction" is insanity

"..all constitutional rights may be "reasonably restricted"..."


Every day a woman is forced to continue a pregnancy she has chosen to terminate inflicts psychological harm and, depending on timing, may force her to endure a higher risk procedure (e.g., a woman currently a candidate for a simpler, surgical procedure may be forced to wait and endure a procedure that involves contraction inducing medications in combination with surgery).

Subjecting women to this type of physical and psychological harm is NOT a "reasonable" means to address the potential inability to address a projected shortage in PPE in another way (e.g., new disinfecting devices / procedures that allow reuse of N95 masks; increased manufacturing).

I know our justice system has been utterly corrupted by the systematic appointment of zealots who have no concept of ACTUAL justice, but even in our broken system, I would not expect such complete abandonment of the basic tenet that true justice must preserve every person's right to be protected against this kind of psychological and physical harm.

An unproven potential for harm cannot outweigh the KNOWN damage inflicted by allowing this ban to remain in effect.

Before 9 weeks, the right to choose means the right to choose the method (chemical/medical vs. surgical) after being presented with what each option involves and what the relative risks are. If the ban only permits chemical/medical termination, a woman is being unreasonably denied the right to make a very consequential health care decision. If chemical/medical terminations are included in the ban, even worse. If a woman who is less than 9 weeks is forced to continue a pregnancy, she is being denied access to the safest methods for terminating a pregnancy. Forcing a woman to continue a pregnacy that is further along will ultimately deny her the right to terminate entirely.

This is NOT "reasonable."

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Response to Yo_Mama_Been_Loggin (Original post)

Tue Apr 7, 2020, 10:07 PM

22. This is such a load of shit for women in Texas.



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Response to Yo_Mama_Been_Loggin (Original post)

Tue Apr 7, 2020, 10:37 PM

23. Monstrous. How can a huge state tolerate these woman-hating fascists? Are they really that powerful?

They're all interconnected, too. As was mentioned in the thread, now Texas has done this it will reappear in the other states from hell.

How can decent, healthy, intelligent people be held captive by twisted, perverted, anal thugs?

They are the faces of the world's worst disease.

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Response to Yo_Mama_Been_Loggin (Original post)

Tue Apr 7, 2020, 11:13 PM

24. Too bad this is only binding in the Fifth Circuit

According to Judge Duncan, ALL constitutional rights may be “reasonably restricted” to combat a public health emergency.

I read that as judicial permission for the states right-wingers don’t like anyway to declare gun stores “non essential” and shut them all down right now. Sorry kids, you’ll just have to defend that cache of hoarded toilet paper with the ninety-six guns and fourteen hundred pounds of ammunition that you had the day the quarantine was declared.

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Response to Yo_Mama_Been_Loggin (Original post)

Wed Apr 8, 2020, 02:25 AM

25. A forced birth uses up a lot more masks than an abortion.

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Response to Yo_Mama_Been_Loggin (Original post)

Wed Apr 8, 2020, 02:31 AM

26. Perfection of oppression.

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Response to Yo_Mama_Been_Loggin (Original post)

Wed Apr 8, 2020, 04:57 AM

27. As long as people in Texas vote for Abbott

Attacks on women's rights will continue against them. Abbott stalling everything here in Texas, and doesn't even have an order out for all essential workers , especially in the food industry , to have to wear masks and gloves. He's stalling testing people too. That's why the numbers aren't truly reflective of reality here, yet. Abbott needs to go for this.

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Response to Yo_Mama_Been_Loggin (Original post)

Wed Apr 8, 2020, 05:49 AM

28. Well if that isnt total

Bullshit.
Maggot appointed judge.
Why is it good people are dying
Like flies and evil bastards
Like maggot and his minions
Thrive like..well, maggots.

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Response to Yo_Mama_Been_Loggin (Original post)

Wed Apr 8, 2020, 08:48 AM

29. SARAH PALIN WAS RIGHT!!!

There ARE death panels - and they have been created by RepubliCons!

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