Appeals Court: For the 4th Time, Abortion Is Not Essential Healthcare

Austin, Texas – The Fifth Circuit vacated the lower federal district court’s latest Temporary Restraining Order (TRO) from April 9th today.  This includes canceling the TRO with regard to chemical abortions and 18-week gestation patients.  The Fifth Circuit did not vacate the order concerning patients who would reach 22-weeks gestation under the current executive order.

In their opinion, the Fifth Circuit said the federal district court ignored their previous decisions for how to analyze emergency exercises of state authority, and additionally the district court had erred in exempting 18-week gestation patients from the governor’s executive order.  The Fifth Circuit said that the lower court had applied a wrong standard, and failed to provide sufficient evidence for a correct standard if one had been used.

Mary Elizabeth Castle, Policy Advisor for Texas Values said “Once again abortion providers, who believe they are entitled to special treatment, have been put back in their place. In this current pandemic, medical supplies and personal protective equipment should be used for saving lives, not taking them.”

Texas Values has submitted an amicus brief in support of Governor Abbott’s executive order.

Texas Values is one of the leading pro-life groups in the state of Texas and has been involved with pro-life legislation at the Texas Legislature since 2012, including working on multiple signed pieces of legislation like the Born Alive Infant Protection Act and the Sonogram Law.


About Texas Values

Texas Values is the largest statewide nonprofit organization dedicated to standing for faith, family, and freedom in Texas. More information is available at

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