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Fight Over Texas Abortion Ban Reaches Supreme Court | Fight Over Texas Abortion Ban Reaches Supreme Court |
(about 2 months later) | |
WASHINGTON — Abortion providers in Texas asked the Supreme Court on Saturday to let their clinics continue to perform some procedures after a federal appeals court temporarily upheld orders from state officials prohibiting most abortions. | WASHINGTON — Abortion providers in Texas asked the Supreme Court on Saturday to let their clinics continue to perform some procedures after a federal appeals court temporarily upheld orders from state officials prohibiting most abortions. |
In their Supreme Court filing, lawyers from Planned Parenthood and the Center for Reproductive Rights said the health crisis did not justify severe restrictions on the constitutional right to abortion. At least medication abortions, which use pills to induce abortions, should be allowed to continue, they said. | In their Supreme Court filing, lawyers from Planned Parenthood and the Center for Reproductive Rights said the health crisis did not justify severe restrictions on the constitutional right to abortion. At least medication abortions, which use pills to induce abortions, should be allowed to continue, they said. |
Three weeks ago, Gov. Greg Abbott, a Republican, ordered a halt to “all surgeries and procedures that are not immediately medically necessary.” That included abortions “not medically necessary to preserve the life or health of the mother,” Ken Paxton, the state’s attorney general, said in a news release. Other abortions, he said, must be postponed to preserve protective gear and other resources to fight the coronavirus pandemic. | Three weeks ago, Gov. Greg Abbott, a Republican, ordered a halt to “all surgeries and procedures that are not immediately medically necessary.” That included abortions “not medically necessary to preserve the life or health of the mother,” Ken Paxton, the state’s attorney general, said in a news release. Other abortions, he said, must be postponed to preserve protective gear and other resources to fight the coronavirus pandemic. |
Abortion providers promptly challenged the orders as unconstitutional, and the case has twice reached the United States Court of Appeals for the Fifth Circuit, in New Orleans, which both times overturned temporary restraining orders issued by Judge Lee Yeakel, of the Federal District Court in Austin. | Abortion providers promptly challenged the orders as unconstitutional, and the case has twice reached the United States Court of Appeals for the Fifth Circuit, in New Orleans, which both times overturned temporary restraining orders issued by Judge Lee Yeakel, of the Federal District Court in Austin. |
In his first ruling, Judge Yeakel, who was appointed by President George W. Bush, said the state officials’ actions were at odds with Supreme Court precedents. | In his first ruling, Judge Yeakel, who was appointed by President George W. Bush, said the state officials’ actions were at odds with Supreme Court precedents. |
“Regarding a woman’s right to a prefetal-viability abortion, the Supreme Court has spoken clearly,” Judge Yeakel wrote. “There can be no outright ban on such a procedure. This court will not speculate on whether the Supreme Court included a silent ‘except-in-a-national-emergency clause’ in its previous writings on the issue. Only the Supreme Court may restrict the breadth of its rulings.” | “Regarding a woman’s right to a prefetal-viability abortion, the Supreme Court has spoken clearly,” Judge Yeakel wrote. “There can be no outright ban on such a procedure. This court will not speculate on whether the Supreme Court included a silent ‘except-in-a-national-emergency clause’ in its previous writings on the issue. Only the Supreme Court may restrict the breadth of its rulings.” |
The latest ruling from a three-judge panel of the appeals court, on Friday, allowed almost all of the governor’s order to stay in place while the case moved forward. Quoting earlier decisions, the majority said “a state may implement emergency measures that curtail constitutional rights so long as the measures have at least some ‘real or substantial relation’ to the public health crisis and are not ‘beyond all question, a plain, palpable invasion of rights secured by the fundamental law.’” | The latest ruling from a three-judge panel of the appeals court, on Friday, allowed almost all of the governor’s order to stay in place while the case moved forward. Quoting earlier decisions, the majority said “a state may implement emergency measures that curtail constitutional rights so long as the measures have at least some ‘real or substantial relation’ to the public health crisis and are not ‘beyond all question, a plain, palpable invasion of rights secured by the fundamental law.’” |
Judge Yeakel had allowed exceptions to the governor’s order, which is scheduled to expire April 21 but may be renewed, for abortions performed using drugs and for women whose pregnancies were in their later stages. | Judge Yeakel had allowed exceptions to the governor’s order, which is scheduled to expire April 21 but may be renewed, for abortions performed using drugs and for women whose pregnancies were in their later stages. |
The majority stayed Judge Yeakel’s latest temporary restraining order, making an exception only for “any patient who, based on the treating physician’s medical judgment, would be past the legal limit for an abortion in Texas,” which is 22 weeks from the last menstrual period, on April 22. | The majority stayed Judge Yeakel’s latest temporary restraining order, making an exception only for “any patient who, based on the treating physician’s medical judgment, would be past the legal limit for an abortion in Texas,” which is 22 weeks from the last menstrual period, on April 22. |
The judges in the majority were Judge Stuart Kyle Duncan, appointed by President Trump, and Judge Jennifer Walker Elrod, appointed by Mr. Bush. Judge James L. Dennis, appointed by President Bill Clinton, dissented, saying he would have upheld all of Judge Yeakel’s order. | The judges in the majority were Judge Stuart Kyle Duncan, appointed by President Trump, and Judge Jennifer Walker Elrod, appointed by Mr. Bush. Judge James L. Dennis, appointed by President Bill Clinton, dissented, saying he would have upheld all of Judge Yeakel’s order. |
In Saturday’s filing, the abortion providers argued that restricting medication abortions didn’t make sense. | In Saturday’s filing, the abortion providers argued that restricting medication abortions didn’t make sense. |
“In denying patients access to medication abortion,” they wrote, Texas “singles out medication abortion as the only oral medication that cannot be provided under the executive order — even though its provision requires no” protective equipment “and delaying it forces patients to undergo more invasive abortion procedures later in their pregnancies or to attempt to travel out of state to access early abortion.” | “In denying patients access to medication abortion,” they wrote, Texas “singles out medication abortion as the only oral medication that cannot be provided under the executive order — even though its provision requires no” protective equipment “and delaying it forces patients to undergo more invasive abortion procedures later in their pregnancies or to attempt to travel out of state to access early abortion.” |
Several other states, including Alabama, Ohio and Oklahoma, have also sought to limit abortions as part of their response to the pandemic, and those efforts have been challenged in court. The Texas case is the first to reach the Supreme Court. | Several other states, including Alabama, Ohio and Oklahoma, have also sought to limit abortions as part of their response to the pandemic, and those efforts have been challenged in court. The Texas case is the first to reach the Supreme Court. |
Updated June 1, 2020 | |
Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home. | |
States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people. | |
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. | |
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. | |
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) | |
More than 40 million people — the equivalent of 1 in 4 U.S. workers — have filed for unemployment benefits since the pandemic took hold. One in five who were working in February reported losing a job or being furloughed in March or the beginning of April, data from a Federal Reserve survey released on May 14 showed, and that pain was highly concentrated among low earners. Fully 39 percent of former workers living in a household earning $40,000 or less lost work, compared with 13 percent in those making more than $100,000, a Fed official said. | |
Yes, but make sure you keep six feet of distance between you and people who don’t live in your home. Even if you just hang out in a park, rather than go for a jog or a walk, getting some fresh air, and hopefully sunshine, is a good idea. | |
Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications. | |
The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing. | |
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. | |
If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested. | |
Charity Navigator, which evaluates charities using a numbers-based system, has a running list of nonprofits working in communities affected by the outbreak. You can give blood through the American Red Cross, and World Central Kitchen has stepped in to distribute meals in major cities. | |
Nancy Northup, the president of the Center for Reproductive Rights, said the Supreme Court must act to protect a constitutional right. | Nancy Northup, the president of the Center for Reproductive Rights, said the Supreme Court must act to protect a constitutional right. |
“Texas is blatantly abusing its emergency power to obliterate Roe v. Wade,” she said in a statement, referring to the 1973 Supreme Court decision establishing a constitutional right to abortion. “These thinly veiled attempts to end abortion must stop.” | “Texas is blatantly abusing its emergency power to obliterate Roe v. Wade,” she said in a statement, referring to the 1973 Supreme Court decision establishing a constitutional right to abortion. “These thinly veiled attempts to end abortion must stop.” |
The justices are already considering a separate abortion case from Louisiana that was argued last month. That case is a challenge to a state law that could leave the state with a single clinic. | The justices are already considering a separate abortion case from Louisiana that was argued last month. That case is a challenge to a state law that could leave the state with a single clinic. |