Gov. Greg Abbott’s COVID-19-related abortion ban was partially blocked April 14 due to a decision by a three judge panel of the Fifth Circuit Court of Appeals.
The decision by the panel rules medical abortions, abortions which end pregnancy with pills, denied the district court’s April 9 temporary restraining order in relation to medication abortions and also dissolved the temporary administrative order as it applies to medication abortions.
Prior to the decision today, The Fifth Circuit Court of Appeals ruled Governor Abbott’s COVID-19 related abortion ban is enforceable by the state in a pandemic, nullifying District Judge Lee Yeakel’s temporarily blocked enforcement of the ban and temporary restraining order March 30.
The decision by the appeals court follows, U.S. District Judge Lee Yeakel temporarily blocked enforcement of Texas Governor Greg Abbott’s abortion ban in full amid the novel coronavirus COVID-19 pandemic.
Abbott’s original charge for the order was to preserve vital personal protective equipment for first responders handling and being exposed to potential COVID-19 positive cases.
The panel’s decision stated the judge’s had reservations to the  petitioners’ (Abbott) demands to cease medical abortions in Texas.
“(Planned Parenthood) Respondents argue medication abortions are not covered by GA-09 because neither dispensing medication nor ancillary diagnostic elements (such as a physical examination or ultrasound) qualify as “procedures.” Guidance by the Texas Medical Board may support this interpretation of the order.2 Furthermore, the parties’ helpful written responses to our questions did not settle whether GA-09 applies to medication abortions.”
The panel ordered medical abortions in Texas may be carried out during the COVID-19 pandemic.