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 rules 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 owners 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/