Monday, April 20, 2020

In The Name of COVID-19 - More on Reproductive Rights

A recent post discussed how states have used the COVID 19 emergency to restrict abortion accessibility claiming that abortions are "non-essential" medical services. Now the 5th Circuit has upheld the abortion restrictions issued by Texas that limit medical procedures to essential services only.   While abortion was not directly mentioned, the state's attorney general interpreted the order to include abortions. While federal district courts twice stayed the order as applied to abortions but today the Court of Appeals overruled the District Court and reinstated the ban in its entirety.

The Court reached far back into legal history in order to rationalize its decision.  The Court cited  1905 Supreme Court decision Jacobson v Massachusetts which upheld a mandatory vaccination law during a smallpox outbreak.  The case offered little in the way of analogy.  The orders are vastly different and the Texas ban does not rationalize how the abortion restrictions will assist in containing the COVID-19 threat.  While medication abortions are permitted along with those that would be time-barred during the duration of the ban, the orders discount not only women's autonomy but the psychological and physical harm that women will suffer by delayed procedures.

Gender Oppression, Margaret Drew, Reproductive Rights | Permalink


Thanks for sharing this valuable information with us. It is really a helpful article!

Posted by: debora | Apr 27, 2020 2:05:10 AM

This pandemic exposed a lot of situations between humans & this reproductive right is one of them, hope everyone reacts positive to this.

Posted by: Vishnu | Jul 29, 2020 1:07:49 AM

Again this COVID-19 talk, but I know we have to face reality. And the post you published here provides us meaningful insights into human rights. But I must say the corona virus kills huminity also. And I really want to appreciate your efforts and your creativity that make us understand reality. Once again, thank you, blogger, for sharing your knowledge with us.

Posted by: Sweta Sharma | Feb 23, 2021 2:01:15 AM

This is such an informative article. Thanks for sharing this!

Posted by: SNEHA JAIN | May 24, 2021 4:56:29 AM

I loved this article, thank you for sharing this

Posted by: Rashmi Rashimisingh | Apr 11, 2023 6:46:30 AM

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