AG Paxton: Fifth Circuit Once Again Upholds Governor’s Order Halting Unnecessary Medical Procedures, Including Abortion

By: Office of TX Attorney General
| Published 04/20/2020

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AUSTIN, TX -- Texas Attorney General Ken Paxton today applauded the ruling of the United States Court of Appeals for the Fifth Circuit, which once again upheld Gov. Greg Abbott’s Executive Order GA-09. That order requires all health care facilities and professionals to postpone medical procedures that are not immediately medically necessary in order to preserve precious medical supplies for those combating the spread of the Coronavirus (COVID-19). The court ruled that the district court’s second temporary restraining order on Executive Order GA-09, which granted abortionists an exception to the rule, was legally erroneous. The Fifth Circuit’s ruling recognized that states have the authority to take action during public health emergencies, and that federal judges cannot usurp that authority.

“I am pleased that the Fifth Circuit once again ruled in favor of the health and safety needs of our communities and hardworking medical professionals during this unprecedented medical crisis. Without exception, Texans must continue to work together to stop the spread of COVID-19,” said Attorney General Paxton. “Governor Abbott’s order ensures that hospital beds, supplies and personal protective equipment remain available for the medical professionals on the frontlines of this battle.”

Read a copy of the opinion here.

Read a copy of?Executive Order GA 09 here.

For information on the spread or treatment?of Coronavirus (COVID-19), please visit the?Texas Department of State Health Services?website.?

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