There's only one reason the abortion industry is challenging Texas's law protecting unborn babies - abortionists will lose money if it goes into effect.
U.S. District Judge Lee Yeakel issued a temporary restraining order Thursday, halting implementation of the law meant to go into effect September 1 that would have taken the procedure off the table for abortion providers throughout the state.
The abortion industry disingenuously argued in court that the Dismemberment Abortion Ban raises an undue burden for women seeking second trimester abortions by banning all D&E abortions. Recognized as the statewide leader of the Pro-Life movement in Texas, Texas Right to Life works through legislation and education to protect the rights of the unborn, persons with disabilities, the sick, the elderly, and the vulnerable through legal, peaceful, and prayerful means.
The law, which was based on a model legislation from the National Right to Life Committee, made Texas the eighth state in the country to ban dismemberment abortions. The law would've had a devastating impact on low-income women, and could potentially have sent anyone who performed a D&E abortion to prison.
U.S. District Judge Earl Lee Yeakel III passed the order, following similar recent bans on tightened abortion regulations in Alabama, Kansas, Louisiana and Oklahoma, according to NBC News. "In addition, to the extent that any physician can continue to provide D&E procedures, the ban violates plaintiffs' patients' right to bodily integrity because it would require them to accept unnecessary, invasive, and potentially painful medical procedures, in order to access their constitutional right to abortion".
"All of us at Whole Woman's Health will continue to resist and fight against any laws that undermine women's equality and compromise our ability to make healthcare decisions".
Yeakel also quibbled with the word, "dismemberment", saying it was a "non-medical" term.
During the procedure, physicians use a combination of suction and forceps to remove a fetus and other tissue from the uterus. This procedure can last hours or days, and is more painful and can be more medically unsafe for the patient.
An injection of potassium chloride directly into the fetal heart, for example, would cause demise, but would also be fatal to the woman if administered incorrectly.
That decision, the court's most significant abortion-rights ruling in a generation, tossed out a 2013 Texas law that led to the closure of more than half the state's abortion clinics.
"It is in the public interest to preserve the status quo and give the parties ample opportunity to develop the record regarding the constitutional questions raised without subjecting plaintiffs or the public to any of the act's potential harms", the judge said.
"Dismemberment abortions are gruesome and inhumane, which makes it troubling that a district court would block Texas' lawful authority to protect the life of unborn children from such a barbaric practice", it read.