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In re Abbott

954 F.3d 772 (2020)

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In re Abbott

United States Court of Appeals for the Fifth Circuit
954 F.3d 772 (2020)

  • Written by Haley Gintis, JD

Facts

In response to the COVID-19 pandemic, Texas Governor Greg Abbott (defendant) declared the state to be in a public health emergency and promulgated regulation GA-09, which required the suspension of unnecessary surgeries and procedures. The regulation was passed pursuant to the state’s police powers. The purpose of GA-09 was to divert all available personal protection equipment (PPE) and medical personnel to respond to patients infected with the virus. After the regulation was promulgated, Texas abortion providers (the providers) (plaintiffs) filed an action in federal district court against Abbott and other state officials on the ground that GA-09 violated the constitutional right to an abortion. The district court held that GA-09 unconstitutionally created an outright ban on previability abortion and issued a temporary restraining order (TRO) against the regulation. Abbott filed a petition for a writ of mandamus in the United States Court of Appeals for the Fifth Circuit seeking to vacate the TRO.

Rule of Law

Issue

Holding and Reasoning (Duncan, J.)

Dissent (Dennis, J.)

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