‘It Was Not Even A Close Call’: Judge Blocks Texas’ ‘Catastrophic’ Fetal Burial Law
U.S. District Judge David Ezra said Texas lawmakers who enacted the legislation -- which would require hospitals, abortion clinics and other providers to arrange for the burial or cremation of fetal remains regardless of the patients' wishes -- provided no “viable system” for health care providers to dispose of fetal remains in accordance with the law.
Reuters:
U.S. Judge Blocks Texas Fetal Tissue Burial Laws
A federal judge blocked Texas laws requiring the burial or cremation of aborted fetal tissue, saying in a decision on Wednesday the measures placed substantial and unconstitutional obstacles in the path of a woman's right to choose an abortion. U.S. District Judge David Ezra in Austin, Texas, issued a permanent injunction preventing the measures from going into effect. (Herskovitz, 9/5)
The New York Times:
Texas Fetal Burial Law Struck Down In Another Blow To Abortion Restrictions
The Texas Legislature passed the law in 2017. It would have required hospitals, abortion clinics and other providers to arrange for the burial or cremation of fetal remains, regardless of a patient’s personal wishes or religious beliefs, and regardless of whether the remains were from an abortion or miscarriage. David A. Ezra, a senior judge with the Federal District Court in Austin, issued a permanent injunction that blocks enforcement of the law, which had been set to go into effect in February. Texas abortion providers had won a temporary injunction earlier; Judge Ezra issued his final ruling on Wednesday following a five-day trial in Austin in July. (Fernandez, 9/5)
The Hill:
Federal Judge Permanently Blocks Texas Fetal Burial Law
The judge ruled that the law would create "substantial obstacles" for women, doctors and abortion facilities while offering absolutely no health benefits. Ezra had previously issued a temporary injunction in January, blocking the law from going into effect on Feb. 1. (Hellman, 9/5)
Dallas Morning News:
Judge: Texas' Fetal Burial Law Restricts Abortion Rights, Would Be 'Catastrophic' To Health Care System
“The facts as I have found them, and it was not even a close call, show that this law would cause a violation of a woman’s right to obtain a legal abortion,” Ezra said. “If the law were to go into effect now, it would cause significant, if not catastrophic, disruptions to the health care system.” (Stone, 9/5)
Houston Chronicle:
Even Ophthalmologists Could Have To Bury Fetal Tissue If Texas Law Stood, Judge Says
When U.S. District Judge David Ezra explained why he was striking down Texas’ fetal burial law, he offered a hypothetical: As the law was written, if a pregnant woman visits an ophthalmologist’s office and miscarries while there due to a medical emergency, that eye doctor would be responsible for arranging the burial or cremation of the embryonic or fetal remains. ... That was just one of several issues Ezra found in the Texas law passed in 2017 requiring doctors, hospitals and abortion clinics to ensure internment for the remains of failed or aborted pregnancies. The judge said the law would cause a “significant if not catastrophic failure” of the health care system for women terminating a pregnancy or seeking medical care for miscarriages or complications. He ruled the law violated constitutional amendments guaranteeing due process clause and equal protection under the law. (Zelinski, 9/6)
