NEW ORLEANS — The Fifth Circuit Court of Appeals has upheld an order from the governor of Texas postponing “all surgeries and procedures that are not immediately medically necessary,” which includes elective abortions.
The court ruled that the order is not unconstitutional as it does not ban all abortions but only postpones those that are not medically necessary. Christians believe that abortion is never necessary, and a number of doctors and nurses have stated that killing a child is never warranted to save the life of a mother as physicians will simply deliver the baby early should concerns arise.
“[W]e conclude that GA-09 — an emergency measure that postpones certain non-essential abortions during an epidemic — does not ‘beyond question’ violate the constitutional right to abortion,” wrote Judge Stuart Kyle Duncan, nominated to the bench by President Trump, on behalf of the 2-1 majority.
“Properly understood, GA-09 merely postpones certain non-essential abortions,” he outlined. “GA-09 includes an emergency exception for the mother’s life and health, based on the determination of the administering physician.”
The court also found that the order is fair as it applies equally to all elective surgeries, and the fact that it doesn’t mention abortion demonstrates that abortion facilities were not specifically targeted.