AG Pax­ton Asks Fifth Cir­cuit to Once Again Uphold Governor’s Order Halt­ing Unnec­es­sary Med­ical Pro­ce­dures After Dis­trict Court Enters Sec­ond Injunc­tion in One Week Grant­i­ng Spe­cial Treat­ment to Abor­tion Providers

Texas Attorney General Ken Paxton today filed a second, immediate appeal in the United States Court of Appeals for the Fifth Circuit to once again enforce Governor Abbott’s Executive Order (GA 09) postponing any unnecessary medical procedures to preserve desperately needed medical supplies for the health professionals combating the spread of the Coronavirus (COVID-19).  

Abortion facilities continue to demand special treatment not available to any other health care provider in Texas. Under the Governor’s Executive Order, all health care facilities and professionals in Texas must cease and delay elective medical procedures to ensure that hospitals and their staff have access to urgently needed personal protective equipment and hospital beds during this unprecedented crisis. By demanding special treatment to continue to provide medical procedures deemed unnecessary during this health crisis, abortion providers are withholding desperately needed medical supplies for those combating the Coronavirus across the state. 

“For years, abortion has been touted as a ‘choice’ by the same groups now attempting to claim it is an essential procedure, and they decided to press forward despite a higher court ruling entered just days ago that a district court cannot block an Executive Order that protects public health during a crisis,” said Attorney General Paxton. “My office will steadfastly defend Governor Abbott’s Order and the rule of law to ensure that hardworking medical professionals receive the supplies and personal protective gear they need to successfully combat this health crisis.”

A few abortion providers obtained yet another temporary restraining order (TRO) from a U.S. District Court in Austin to block the Executive Order as it applies to them only and certain types of medication and surgical abortions. The Executive Order remains binding on all other abortion providers in Texas who are not parties to the case and to all other abortions not specifically identified in the district court’s order. Just three days ago, the Fifth Circuit vacated a similar TRO by the same district court.

Read a copy of Executive Order GA 09 here.  

Read a copy of the filing here.

For information on the spread or treatment of Coronavirus (COVID-19), please visit the Texas Department of State Health Services website.