Federal courts uphold stay on Ohio elective abortion ban, block Oklahoma restrictions

CNA Staff, Apr 6, 2020 / 16:00 pm

The Sixth U.S. Circuit Court of Appeals on Monday allowed some surgical abortions and medication abortions to continue during the new coronavirus (SARS-CoV2) crisis. The decision was made in relation to a state-ordered halt to elective abortion procedures in Ohio for the duration of the pandemic.

Ohio had ordered a halt on surgical abortions as "non-essential" medical procedures during the new coronavirus crisis, before a district court in Ohio on March 30 put a temporary restraining order on that policy.

The court allowed for surgical abortions to continue in the state, but on a case-by-case basis. If abortions could not be safely postponed or conducted via chemical prescription, then they could occur, the court said.

On Monday, the Sixth Circuit declined the state's appeal of the decision, saying it lacked jurisdiction, the Cincinnati Enquirer reported.

As the district court's restraining order allowed abortions on a case-by-case basis and did not allow for a wholesale continuation of all surgical abortions, a three-judge panel for the Sixth Circuit wrote that "we are not persuaded" that the court's order "threatens to inflict irretrievable harms or consequences before it expires."

Ohio's health department had ordered a stop to elective abortions, among other non-essential medical procedures, during the new coronavirus pandemic in order to preserve health care personnel and resources to treat the growing pandemic.

"While all Ohioans are being asked to make sacrifices in order to preserve innocent lives, the larger medical community is sacrificing the most: not only their time, but their equipment, their private practices, and potentially their own lives," stated Stephanie Ranade Krider, Vice President of Ohio Right to Life, on Monday.

Also on Monday, a federal judge in Oklahoma blocked that state's restrictions on elective abortions during the coronavirus outbreak from going into effect, CBS News reported.

Judge Charles Goodwin of the Western District of Oklahoma issued a temporary restraining order on the state's act to stop non-emergency abortions during the coronavirus pandemic.

Although the state can take lawful "emergency measures" during the new coronavirus crisis, Judge Goodwin wrote, such actions should not be "a plain, palpable invasion of rights," including of "access to abortion."

He concluded that the state "acted in an 'unreasonable,' 'arbitrary,' and 'oppressive' way-and imposed an 'undue burden' on abortion access-in imposing requirements that effectively deny a right of access to abortion." Regarding its ban on medication abortions, Goodwin said its "minor" contribution to public health is "outweighed by the intrusion on Fourteenth Amendment rights."

On March 31, the Fifth U.S. Circuit Court of Appeals issued a temporary stay on a district court ruling, regarding Texas' act to stop abortions except in cases where the mother's health or life was at stake.

A district court had enjoined the state's order from going into effect, but the Fifth Circuit put a temporary stay on that ruling to have more time to consider the case. The Texas order is back in effect for now.