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Texas Fighting Back Against Court That Blocked State's Fetal Remains Law

November 21, 2018 - 6:28 am

AUSTIN (1080 KRLD) - Texas has appealed a Federal Court decision blocking a provision of the state’s latest abortion-related law from taking effect.

The provision calls for the cremation or burial of all fetal body parts from abortions or miscarriages.

US District Judge David Ezra temporarily blocked the law from taking effect until a full trial. He ruled that it created substantial obstacles for women seeking abortion.

Texas Attorney General Ken Paxton disagreed with Ezra saying, “The law is constitutional and does not impact the abortion procedure or the availability of abortion in Texas. We’re hopeful the 5th Circuit will uphold the Texas law and reverse the lower court’s misguided ruling.”

Abortion rights groups claim the law does put an undue burden on women seeking abortion and is an attempt by the state to shame women from getting one. Planned Parenthood’s Yvonne Gutierrez said the provision is “overregulation and hurting and shaming families…business that the State should not be involving themselves in.”

The fetal remains provision is now in the hands of a three-judge panel from the 5th Circuit Court of Appeals in New Orleans.