5th Circ. Deems Texas Abortion Law Unconstitutional

Law360 (October 14, 2020, 7:57 PM EDT) -- A split Fifth Circuit on Tuesday ruled that a Texas law banning a common second-trimester abortion procedure violates the 14th Amendment by overburdening women who want to obtain a previability abortion.

The panel ruled that a district court properly granted a permanent injunction for Whole Woman's Health to block SB8, which would have banned most physicians from performing dilation and evacuation, or D&E, after about 15 weeks of pregnancy.

"[This law] unduly burdens a woman's constitutionally-protected right to obtain a previability abortion," Circuit Judge James L Dennis wrote for the majority, adding that the law "forces abortion providers to act contrary...

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