U.S. District Judge Lee Yeakel temporarily blocked enforcement of Texas Governor Greg Abbott’s abortion ban amid the novel coronavirus (COVID-19) pandemic.
The decision follows Abbott’s executive order, issued March 22, to halt all necessary medical or surgical procedures. The office of the Attorney General of Texas sent a press release to all licensed health care professionals and all licensed health care facilities, including abortion providers, that, pursuant to Executive Order GA 09 issued by Abbott, they must postpone all surgeries and procedures that are not immediately medically necessary.
The United States District Court for the Western District of Texas, Austin Division, heard the case of Planned Parenthood Center v. Greg Abbott in which Planned Parenthood attempted to receive a temporary restraining order from Abbott and the enforcement of the executive order.
According to the case documents, plaintiffs argue that they have shown they are entitled to a temporary restraining order following the attorney general’s press release.
“Plaintiffs interpret the press release as “suggesting that [the attorney general] believes continuing to provide any abortion care (other than for an immediate medical emergency) would violate the Executive Order, and as a warning to abortion providers that ‘[t]hose who violate the [Executive O]rder will be met with the full force of the law, the case document reads.”
Yeakel granted the temporary restraining order to Planned Parenthood which will expire on April 13 at 2 p.m. The order, however, may be extended for good cause, pursuant to Federal Rule of Civil Procedure 65.
According to Yeakel’s order, the plaintiffs have also moved for a preliminary injunction and the hearing on the plaintiffs’ motion for a preliminary injunction is set for a telephonic hearing on April 13 at 9:30 a.m.