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TexasTowelie

(111,300 posts)
Wed Jan 4, 2017, 05:24 AM Jan 2017

Judges questions could spell trouble for fetal burial law

A Texas regulation requiring fetal remains to be buried or cremated ran into potentially serious trouble Tuesday when a federal judge raised questions about the rule’s scope and impact.

U.S. District Judge Sam Sparks abruptly halted a hearing on the constitutionality of the rule and ordered state lawyers to appear in his Austin courtroom, with answers, at 8:30 a.m. Wednesday — a half-hour before the hearing was set to continue for a second and final day.

Visibly frustrated, Sparks said it appeared that the rule, drafted by state health officials and praised by Republican leaders for prohibiting fetal remains from being deposited in sanitary landfills, appeared to improperly countermand a state law allowing cremated ashes to be scattered over any private property with the owner’s consent.

“I want the state to give me answers about how one regulation can overrule another state statute,” the judge said.

Read more: http://www.mystatesman.com/news/judge-questions-could-spell-trouble-for-fetal-burial-law/LMqirZeqTRIDm1BmBPvXNP/

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Judges questions could spell trouble for fetal burial law (Original Post) TexasTowelie Jan 2017 OP
Judge Sparks is a good judge Gothmog Jan 2017 #1

Gothmog

(143,999 posts)
1. Judge Sparks is a good judge
Wed Jan 4, 2017, 09:58 AM
Jan 2017

He was overruled by the Fifth Circuit in the Texas TRAP law case but the SCOTUS eventually back Sparks up. The same may happen here

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