Anonymous ID: 629773 Aug. 23, 2021, 8:40 p.m. No.14442338   🗄️.is 🔗kun   >>2363 >>2393

To the Trump Vax shills and confused Anon's ponder this.

 

Trump said they are not after me they are after you, I'm just in the way.

 

Why aren't they after him?

Anonymous ID: 629773 Aug. 23, 2021, 8:48 p.m. No.14442387   🗄️.is 🔗kun

Fifth Circuit upholds Texas abortion ban paving way for possible Supreme Court hearing

 

Overruling their own court's 3-judge panel, nine judges on the 17-member New Orleans-based appeals court ruled in favor of the Texas statute, five against, and three recused themselves.

 

The issue of abortion may once again come before the U.S. Supreme Court after the Fifth Circuit Court of Appeals upheld a 2017 Texas law outlawing a second trimester procedure.

 

The Texas Dismemberment Abortion Ban, which passed with bipartisan support, outlaws the method of D&E, dilation and evacuation, from being performed in the second trimester statewide.

 

Nine judges on the New Orleans-based appeals court ruled in favor of the Texas statute, five against, and three recused themselves. They overruled their own court's 3-judge panel, which last October upheld a lower district court's ruling blocking the law from going into effect.

 

In January, in an unusual move, the full 17-member court threw out the panel's decision and agreed to rehear the case before the full court. Eight months later, in an en banc review, it reversed the decisions of the panel and the lower court in their entirety.

 

The en banc review, usually reserved for unusually complex or important cases or when a significant issue is before the court, can only be overruled by the U.S. Supreme Court.

 

"It is uncommon for the Fifth Circuit to grant en banc rehearing on a panel opinion," Robert Henneke, general counsel at the Texas Public Policy Foundation, told Just The News. "So, when the Fifth Circuit grants rehearing en banc, it's then common that the court will reverse at least in part the panel's decision."

 

D&E makes up roughly 11% of all abortions in the U.S. Unless the Supreme Court were to overrule the Fifth Circuit's decision, abortionists performing D&E in Texas could serve up to two years in prison for violating the law. However, the law does include an exception if "dismemberment abortion is necessary in a medical emergency."

 

Abortionists describe the procedure as safe and common.

 

Texas Attorney General Ken Paxton applauded the circuit court's decision. Describing D&E as a violent procedure "in which a doctor rips an unborn child apart with forceps while the child is still alive in her mother's womb," Paxton said, "These abortions are carried out on unborn babies as old as 22 weeks, and Texas put on evidence at trial that they may feel pain while being dismembered."

 

After the law passed and before it was to go into effect, Whole Women's Health, several Planned Parenthood groups, several doctors and others sued in U.S. District Court for the Western District of Texas.

 

The plaintiffs argued that the law is unconstitutional, because it imposed an undue burden on a large number of women, essentially amounting to a ban of all D&E procedures. The district court and the 3-judge panel agreed.

 

The full Fifth Circuit said the plaintiffs not only failed to prove their argument, but proved the opposite, saying they presented a "false dichotomy."

 

https://justthenews.com/government/courts-law/tuefifth-circuit-upholds-texas-abortion-ban-paving-way-possible-supreme-court