3 states block abortion bans....

Judges block 3 states from enforcing abortion bans pegged to pandemic

Ohio, Iowa, Mississippi, Alabama and Oklahoma are among the other states that recently moved to suspend access.

By ALICE MIRANDA OLLSTEIN

Federal judges on Monday lifted restrictions Texas, Ohio and Alabama imposed on abortion during the coronavirus pandemic in decisions that could have repercussions for several more Republican-led states that have deemed the procedure non-essential during the crisis.

In Texas, District Court Judge Lee Yeakel sided with abortion clinics and granted a temporary restraining order through April 13 while arguments on the underlying legality of the state's order play out.

In Ohio, District Court Judge Michael Barrett similarly sided with Planned Parenthood and other groups challenging the state's ban and issued a two-week temporary restraining order.

In Alabama, District Court Judge Myron Thompson ordered the suspension of the state's abortion ban until he can hear arguments in a video conference on April 6.

"The State’s interest in immediate enforcement of the March 27 order — a broad mandate aimed primarily at preventing large social gatherings — against abortion providers does not, based on the current record, outweigh plaintiffs’ concerns," he said.

Iowa, Mississippi and Oklahoma are among the other states that recently moved to suspend access to the procedure as the pandemic intensified, arguing it would preserve desperately needed medical supplies. Texas’ order was one of the strictest, threatening a $1,000 fine or 180 days of jail time on abortion providers who violated the ban.

Yeakel agreed with Texas clinics who argued that women who need an abortion can’t live with a weeks- or possibly months-long delay. Clinic operators told reporters Monday that they’ve already had to cancel hundreds of appointments since the ban took effect last week.

Texas Attorney General Greg Abbott has argued that the state exercised proper discretion in halting the procedures because abortions are not “immediately medically necessary” or needed to save the life or health of the mother.

"Regarding a woman's right to a pre-fetal-viability abortion, the Supreme Court has spoken clearly. There can be no outright ban on such a procedure,” wrote Yeakel, an appointee of President George W. Bush who has sided with abortion providers in several previous cases.

"This court will not speculate on whether the Supreme Court included a silent 'except-in-a-national-emergency clause' in its previous writings on the issue," he added.

Texas Attorney General Ken Paxton said Monday night his office would appeal "to ensure that medical professionals on the frontlines have the supplies and protective gear they desperately need."

The Ohio abortion clinics that challenged the state's ban said inspectors visited their clinics on March 26 and 27 but never indicated whether or not they were found to be violating the prohibition. The clinics on Monday sued and asked for the temporary restraining order, arguing their “physicians credibly fear being immediately shut down and prosecuted if they continue to provide surgical abortions.”

Barrett, also a Bush appointee, agreed to halt enforcement of the ban while he hears arguments in the case.

He wrote the state did not make a convincing case that banning abortions would save enough masks and other gear for medical workers dealing with the pandemic to outweigh the "irreparable harm" it would cause to individuals wanting to terminate their pregnancies.

Ohio Attorney General Dave Yost said in a statement that he's consulting with the state Department of Health about next steps, "be it an emergency appeal, a trial on the preliminary injunction, a more specifically drawn order or other remedy."

The American Civil Liberties Union, Planned Parenthood and the Center for Reproductive Rights also filed lawsuits in Iowa and Oklahoma challenging bans on surgical abortion during the pandemic as violations of Roe v. Wade.

“This ruling sends a message to other states: Using this pandemic to ban abortion access is unconstitutional," said Nancy Northup, the president of the Center for Reproductive Rights, after the Texas ruling was announced.

As the red states move forward with bans, some progressive states are labeling abortion and family planning an essential service during the pandemic and exploring ways to make it easier for people to access these services without physically coming into a clinic.

On Monday, 21 state attorneys general led by California’s Xavier Becerra wrote to the FDA urging the agency to lift federal restrictions on telemedicine prescriptions of abortion pills.

“Denying women care and forcing them to travel unnecessarily is not only shortsighted, it is putting women across the country in harm’s way,” the letter reads.