5th Circuit Issues Stunning Rebuke of the Abortion Industry’s Legal Antics

 5thCourtSealIn a major victory for life, the Fifth Circuit Court of Appeals has upheld a pro-life Texas law, implementing measures to keep women and their unborn children safe.

These are key provisions of the pro-life bill that an unruly mob of pro-abortion radicals shut down the Texas legislature in an attempt to prevent last summer.

A federal appeals court on Thursday upheld parts of a Texas abortion law pertaining to hospital privileges for physicians who perform abortions and protocols for abortion-inducing drugs ….

A U.S. district court previously struck down those provisions in the Texas law, which were challenged in court by lawyers for Planned Parenthood. But the 5th Circuit Appeals Court later issued a stay of that decision “pending appeal,” meaning it would not go into effect.

The U.S. Supreme Court also weighed in, with a majority refusing to stop the law’s implementation. In the ruling opinion, Justice Antonin Scalia wrote that an appeals court stay could not be vacated “unless that court clearly and ‘demonstrably’ erred in its application of ‘accepted standards.’”

Thursday’s ruling means the provisions will remain valid in the state of Texas, until or unless the U.S. Supreme Court rules otherwise or legislators in the state act to modify the law.

It is important to note that the provision that got the culture of death in an unbridled frenzy in Texas – preventing the slaughter of unborn children after 20 weeks of pregnancy – wasn’t even challenged by the abortion industry.  (I explained the portions that were challenged in greater detail here.)

Yesterday’s unanimous ruling by an all female judicial panel stands as a stalwart reproach to the nonsensical notion that laws to ensure the safety of women somehow violate women’s rights.  Every life should be protected.  The abortion industry’s unyielding pursuit of more abortion, sacrificing the safety of women in their greatest time of need, may just be its own undoing.

We will continue to follow this and similar cases as we at the ACLJ fight to protect the lives of the unborn.

Matthew Clark is Associate Counsel for Government Affairs and Media Advocacy with the ACLJ. A lifelong citizen of the Commonwealth of Virginia, he lives with his wife and three boys in Northern Virginia. Follow Matthew Clark: @_MatthewClark.



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