Federal Appeals Court Strikes Down Texas Abortion Bill as Unconstitutional

Must Read

Delhi HC: Mens Rea Essential Before Passing an Order U/S 14b of EPF Act

  In the matter of M/s Durable Doors and Windows v APFC, Gurugram, the bench allowed the Petitioner's appeal holding...

Delhi HC: Language of Statement and Testimony of Complainant Need Not Be Identical

A single-judge bench of J. Vibhu Bakhru of the Delhi High Court upheld the accused's conviction in Kailash @...

COVID Results Shall Be Conveyed To the Person Within 24 Hours: Delhi High Court

The order has come in a writ petition moved by Rakesh Malhotra. The Petitioner herein seeks to ramp up...

Delhi High Court Sets Aside the Order of the Trial Court in the Chief Secretary Assault Case

In the case of Mr. Arvind Kejriwal & Anr. V. State NCT of Delhi, Mr.Justice Suresh Kumar Kait has...

Delhi High Court Temporarily Restrains Vintage Moments’ Alcohol Sale in Case of Trademark Infringement

The manufacturers of the Alcohol Brand Magic Moments had filed a suit. The Delhi High Court has passed an...

NGT Red-Flags Kaleshwaram Project: Green Clearance Violated the Law, Halt Work

Excerpt The National Green Tribunal (NGT), Principal Bench, dated 20th October 2020, directed the Telangana government to stop all work,...

Follow us

The bill was initially signed in 2017 by the governor Greg Abbott. It was met with backlash and the plaintiffs are eight licensed abortion clinics and three abortion providers who challenged the bill in federal court. 

Background 

The appeal was regarding the Texas Senate Bill 8 and its constitutionality. A number of doctors and licensed abortion clinics challenged this law on the basis of the argument that it imposes an undue burden on the women’s right to obtain an abortion before fetal viability.

This is in violation of the Fourteenth Amendment rights. The district court has declared the act “facially unconstitutional” and a temporary restraining order was granted in August 2017. The state appealed to the Court of Appeals, the fifth circuit. 

The Texas Senate Bill 8 

The bill contains a clause which mandates women to go through an additional and medically unnecessary procedure to cause the fetal demise.

The normal procedure for second-trimester abortions entails the dilation and the evacuation commonly called the D&E. A medical practitioner, who fails to comply with the extra process that has been laid down by the act, will be subject to criminal penalties. 

Arguments 

The state mainly argued that the bill does not block or restrict the access of women to receive an abortion but the only added clause in the bill is that the fetal death be caused in vitro. In addition, the state stated that the objective of the bill in question is to respect the life of the unborn while achieving to promote integrity and ethics in the medical profession. 

 This argument was rebutted by the plaintiff’s who argued that the additional procedure places a substantial obstacle if not an absolute obstacle to the right of a woman receiving an abortion in the second trimester.

The petitioners pleaded the court to follow suit of the Supreme Court’s landmark decision nearly fifty years ago in Roe v. Wade, it has been clear that the Fourteenth Amendment guarantees a woman’s right to choose to undergo a pre-viability abortion.  The petitioner argued that while having an objective to respect the life of the unborn, the state cannot create obstacles in the path of a woman’s choice and health. 

Court’s decision 

The court observed after many hearings and witnesses being heard that the bill, Texas Senate Bill 8 and its additional clause does not have any existing health benefits for the women. Thus, it acts as an unnecessary obstacle in the path of a woman seeking a pre-viability abortion. The United States Court Of Appeal, Fifth Circuit held that the Texas Senate Bill 8 will be struck down as unconstitutional.

Click here to see full judgment.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments from the Court. Follow us on Google NewsInstagramLinkedInFacebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Delhi HC: Mens Rea Essential Before Passing an Order U/S 14b of EPF Act

  In the matter of M/s Durable Doors and Windows v APFC, Gurugram, the bench allowed the Petitioner's appeal holding that mens rea is an...

Delhi HC: Language of Statement and Testimony of Complainant Need Not Be Identical

A single-judge bench of J. Vibhu Bakhru of the Delhi High Court upheld the accused's conviction in Kailash @ Balli v State. The bench...

COVID Results Shall Be Conveyed To the Person Within 24 Hours: Delhi High Court

The order has come in a writ petition moved by Rakesh Malhotra. The Petitioner herein seeks to ramp up testing facilities in Delhi.   Facts of...

Delhi High Court Sets Aside the Order of the Trial Court in the Chief Secretary Assault Case

In the case of Mr. Arvind Kejriwal & Anr. V. State NCT of Delhi, Mr.Justice Suresh Kumar Kait has set aside the 24.07.2019 Order...

Delhi High Court Temporarily Restrains Vintage Moments’ Alcohol Sale in Case of Trademark Infringement

The manufacturers of the Alcohol Brand Magic Moments had filed a suit. The Delhi High Court has passed an order restraining the manufacturing, marketing,...

NGT Red-Flags Kaleshwaram Project: Green Clearance Violated the Law, Halt Work

Excerpt The National Green Tribunal (NGT), Principal Bench, dated 20th October 2020, directed the Telangana government to stop all work, except the drinking water component...

There Can Be No Leniency Shown To Appellant Who Pleaded To Reduce Sentence: Delhi High Court

Facts On 25.2.2016 the victim’s sister who was 13 years old was present with her sister who was 2 years old (victim) at their home....

Violation of Executive Instructions Cannot Be Sole Ground to Invalidate Transfer Orders: Tripura High Court

In Dr Bithika Choudhury vs the State of Tripura & Ors., a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S.G. Chattopadhyay...

Case Regarding Anticipatory Bail, Applicant May Be Released Imposing Suitable Conditions: Gujarat High Court

A Single-Judge Bench of Gujarat High Court consisting of Honourable Dr Justice A.P. Thakur had been hearing submissions of the Applicant to release him...

Proof of Infliction of Fatal Injury Not Mandatory for Conviction Under Section 307, IPC: Tripura High Court

In the case of Mamin Miah vs the State of Tripura, a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S....

More Articles Like This

- Advertisement -