September 27, 2021

Federal appeals court delivers win for pro-life advocates

The 5th U.S. Circuit Court of Appeals has ruled in favor of a Texas law to limit dismemberment abortion procedures.

According to DFW-CBS, “It seeks to prohibit the use of forceps to remove a fetus from the womb — what supporters of the law call a ‘dismemberment abortion’ — without first using an injected drug or a suction procedure to ensure the fetus is dead.”

The 2017 law has yet to be implemented due to legal battles since its passing.

The New York Times reported, “The Texas law is one of many abortion restrictions enacted in recent years by Republican-controlled state legislatures emboldened by the Supreme Court’s rightward shift.”

It added, “The Supreme Court is set to hear arguments in the fall over a Mississippi law that bans most abortions after 15 weeks of pregnancy, a direct challenge to the constitutional right to abortion established in 1973 in Roe v. Wade.”

Alliance Defending Freedom Legal Counsel Elissa Graves said in a statement, “Texas has the right to respect the life of unborn children, and it did so when it chose to strictly limit the gruesome procedure of dismemberment abortions. The 5th Circuit was on solid ground to reverse the lower court’s decision striking down the law, finding that ‘the district court committed numerous, reversible legal and factual errors.’”

She added, “What the Texas law, SB 8, forbids is causing an unborn child’s death by ‘corporal dismemberment,’ in which the child dies ‘by bleeding to death as his or her body is torn apart.’ SB 8 prohibits the use of this grisly and unnecessary method before the death of the unborn child.

“The law is both humane and constitutional. As the 5th Circuit rightly found, the abortionists who filed this lawsuit ‘have utterly failed to carry their heavy burden of showing that SB8 imposes an undue burden on a large fraction of women in the relevant circumstances.”

The case may reach the Supreme Court as well. If it does, the case will have nationwide implications in the ongoing battle regarding the preborn.

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