Federal Court: Might ban Common form of Second Trimester Abortion

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Shivani Pandey-

Published on: 19 August, 2021 at 11:00 IST

The United States Court for the fifth Circuit rescinded a lower Court judgment that had barred a Texas law banning a commonly used abortion method.

The ruling in the 5th Circuit Court of Appeals marked the first time any United States Federal Court has upheld a ban on dilation and evacuation, which is the standard method of abortion after 15 weeks of pregnancy. 

According to the Court’s decision, the lower Court committed various reversible legal and factual errors, and accordingly, the Court vacated the lower Court’s Permanent Injunction.

At dispute was a Texas law, that was passed in 2017 but not brought into practice, because of legal combat. The law, known as Senate Bill 8, prohibited a dilation and evacuation abortion method and required doctors to use alternative abortion methods, as per the Court’s decision.

The Court earlier discovered that the 2017 law imposed an undue burden on a large fraction of women, as it amounted to a ban on all Dilation and Evacuation abortions.

“That interpretation was not correct. Records showed that doctors could safely perform dilation and evacuation abortions and using methods that are already in widespread use”, stated the Fifth Circuit Court of Appeals. 

Also Read: US Court upholds 48 hours waiting period for Abortion in Tennessee

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