Abortion Clinics’ Appeal Path Lengthened As Case Sent To Texas Supreme Court
The 5th U.S. Circuit Court of Appeals rejected a request from health providers to instead return the case to district court. The decision means that Texas' law effectively banning almost all abortion procedures will remain in effect for additional months as the legal challenge winds its way through the courts.
The Washington Post:
Texas’s Six-Week Abortion Ban Remains In Effect After Federal Appeals Court Ruling
The nation’s most restrictive abortion law remains in effect in Texas after a federal appeals court on Monday rejected a request from abortion providers to immediately return their legal challenge to a trial court judge who had previously blocked the measure. In a 2-to-1 decision, the U.S. Court of Appeals for the 5th Circuit temporarily transferred the case to the Texas Supreme Court, a step requested by state officials that could leave the dispute in limbo for months. (Marimow, 1/17)
AP:
'No End In Sight:' Texas Abortion Clinics Dealt New Setback
Abortion clinics fear the case will now languish for weeks if not months, and maybe not until after the U.S. Supreme Court makes a ruling in a Mississippi case that could roll back abortion rights across the country. “There is now no end in sight for this injustice that has been allowed to go on for almost five months,” said Nancy Northup, president and CEO of the Center for Reproductive Rights, which is suing over the Texas law. (1/18)
The Texas Tribune and ProPublica:
Texas Abortion Law Challenge Heads To State's Supreme Court
The three-judge federal panel, based in New Orleans, wrote in their 2-1 decision Monday that the Texas Supreme Court must certify the case and decide whether the U.S. Supreme Court was correct in allowing a challenge to proceed against the licensing officials. Circuit Judges Edith H. Jones and Stuart Kyle Duncan, both appointed by Republicans, said the state’s highest court should determine whether the Texas attorney general, the Texas Medical Board and other licensing officials can enforce the law if it is violated. Judge Stephen A. Higginson, a Democratic appointee, argued the U.S. Supreme Court had already decided that matter. (Kriel, 1/17)
In abortion news from West Virginia and South Dakota —
West Virginia Metro News:
Public Hearing On Abortion Bill Draws Strong Views, Personal Stories
West Virginia citizens spoke out about a bill that would ban abortions after 15 weeks in West Virginia. During a public hearing in the House of Delegates chamber, than 20 speakers addressed that bill plus another that would make it illegal to transport and sell aborted fetal organs in the state. The bill mirrors a Mississippi law under review by the U.S. Supreme Court. Most speakers expressed views against the 15-week ban, although several spoke in favor of it. Each speaker got 2 minutes. (McElhinny, 1/17)
Charleston Gazette Mail:
House Has Public Hearing On Abortion, Most Speakers Against Bills
Out of 17 total speakers, five men were the lone voices of support during a public hearing on Monday for a piece of legislation that would further limit abortion access in West Virginia. House Bill 4004 would ban abortions, except in cases of medical emergency or “severe fetal abnormality,” at 15 weeks. Current state law outlaws abortions past 20 weeks. The only abortion care provider in the state, the West Virginia Women’s Health Center, offers abortions until the 16-week mark. Last week, Republican lawmakers in the House committee on Health and Human Resources voted down amendments that would have made exceptions for sexual assault and incest, as well as changed language to be more inclusive and in-line with other sections of code. (Coyne, 1/17)
Sioux Falls Argus Leader:
South Dakota Gov. Noem's Abortion Pill Law: What Changes After Jan. 27
Last week, Gov. Kristi Noem's telemedicine ban on medical abortions cleared its last hurdle in becoming South Dakota law. Lawmakers at a six-member legislative rules review committee finalized the ban with a 4-2 vote, "troubled" the bill skirted a more thorough debate in the legislature. "I truly am troubled," said Republican Sen. Timothy Johns at the review committee meeting. "I'm highly reluctant to ever intervene when it comes to decisions between patients and doctors, and I think we're getting too close." (Ki, 1/14)
Also —
Stat:
Telehealth Startups Focused On Women's Health Avoid Abortion Pills
The online pharmacy Nurx advertises itself as the company that “gives women sexual freedom.” Hims & Hers aims to “eliminate stigma” and improve health care access. Tia offers telehealth services focused on “whole woman, whole life.” And on the day in December that the Food and Drug Administration declared abortion pills will be permanently available by mail, The Pill Club tweeted its support. And yet, one month since the FDA’s announcement and close to two years after abortion pills became available by mail in 13 states, none of these telemedicine companies — though they’re explicitly focused on women’s sexual health — has chosen to offer the treatment. (Goldhill, 1/18)
