A Texas ban on abortion by dismemberment has been upheld by a federal appeals court in the state on Wednesday, handing pro-life advocates a win. A law that prohibits an abortion procedure in which the unborn child is ripped apart, called "dilation and evacuation" or D&E, is often used to terminate second-trimester pregnancies. Pro-life advocates called this horrific method "dismemberment abortion."
According to the Christian Headlines, dilation and evacuation abortions was criminalized when Texas Governor Greg Abbott signed a measure banning the procedure into law in 2017. A district judge later declared it unconstitutional. On Wednesday, the U.S. Fifth Circuit Court of Appeals voted 9-5 to uphold the law, citing that the state had a legitimate interest in passing the law and criticizing the procedure.
"[T]he State argues that, by requiring doctors to choose alternatives to a brutal abortion procedure, [the law] evinces the State's 'profound respect for the life within the woman," the majority opinion on the case read. "Dismemberment D&Es are self-evidently gruesome. It has long been illegal to kill capital prisoners by dismemberment."
"It is also illegal to dismember living animals," the court decided. "The State urges that [the law] would simply extend the same protection to fetuses."
The court argued that pregant women who decide to undergo D&E abortions were not being informed about what is to happen to the unborn child. Moreover, the consent forms failed to explain in "clear and precise terms" what a "live-dismemberment abortion" entails.
They argued that a typical consent form placed on the record does not inform the pregnant woman that "'the pregnancy tissue will be removed during the procedure' and does not explain that the unborn baby's body parts - arms, legs, ribs, skull, and everything else - will be ripped apart and pulled out piece by piece."
All nine members of the court that decided to uphold the law were nominated by Republican presidents, while the five dissenters were nominated by Democratic presidents. Among the dissenters was Judge James Dennis, who argued that D&E abortions are "the most common and safe abortion procedure employed during the second trimester."
Alliance Defending Freedom's legal counsel Elissa Graves applauded the decision, saying, "Texas has the right to respect the life of unborn children, and it did so when it chose to strictly limit the gruesome procedure of dismemberment abortions. The law is both humane and constitutional."
Texas Right to Life Director of Media and Communication Kimberlyn Schwartz also applauded the court, KSLA 12 reported. Schwartz said in a statement, "Texans celebrate today's long-awaited victory. Anyone can see the cruelty of dismemberment abortions, ripping a child's body apart while her heart is still beating. We're grateful the judges recognized this horror."
Texas continues its fight to ban abortion in the state. Back in May, Gov. Greg Abbott signed into law one of the country's most restrictive abortion measures, called a "heartbeat bill" that prohibits abortion as early as six weeks into a pregnancy.
