A federal judge overturned Texas’ ban of a common second trimester abortion process that results in an unborn baby being “torn limb from limb” before being removed from the uterus.
U.S. District Court Judge Lee Yeakel said a ban on “dilation and evacuation” abortions places an undue burden on women, forcing them to seek riskier, invasive alternatives, Politico reported.
“The State’s valid interest in promoting respect for the life of the unborn, although legitimate, is not sufficient to justify such a substantial obstacle to a constitutionally protected right of a woman to terminate a pregnancy before fetal viability,” the judge wrote in his decision.
More from Politico:
The ruling comes a year after the Supreme Court struck down a set of previous abortion restrictions in Texas and a decade after the Supreme Court upheld a ban on so-called partial birth abortions, another second trimester procedure. In his opinion, Yeakel pointed out the Supreme Court cited the availability of “D&E” abortions as evidence the partial birth restriction would not place an undue burden on women seeking the procedure.
Texas said it will appeal the decision to the 5th U.S. Circuit Court of Appeals, which has typically upheld the state’s previous attempts to restrict abortion. The ruling was issued on the same day an injunction blocking the law was set to expire.
The State of Texas only looks to regulate “the moment of the death” to ensure that the fetus experiences less pain during the procedure, according to the political news site.
“The state has a legitimate interest in banning the living dismemberment of an unborn child,” said Darren McCarty, an attorney for the state.
The pro-life organization Live Action produced a medical animation video seen here, featuring former abortionist Dr. Anthony Levatino demonstrating a second-trimester D&E abortion
*Caution: Disturbing Content
The pro-abortion advocacy group Center for Reproductive Rights was “thankful” that the judge allowed the “vital,” albeit gruesome procedure to continue on Thanksgiving Eve.
BREAKING: Texas court strikes down a ban on the safest and most common second trimester abortion method! That's something to be thankful for this Thanksgiving Eve. #TXDeservesBetter pic.twitter.com/jk5Jd28X0W
— Center for Reproductive Rights (@ReproRights) November 22, 2017
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