Judge Strikes Down Ban on Dismemberment Abortions as ‘Undue Burden’ on ‘Right of a Woman’ to Kill Her Child

Photo Credit: Credit Tomasz Kobosz

AUSTIN, Texas — A federal judge appointed to the bench by then-President George W. Bush has struck down a Texas ban on dilation and evacuation (D&E) abortions, also known as dismemberment abortions, finding the prohibition to be an “undue burden” on the “right of a woman” to her child.

“An abortion always results in the death of the fetus. The extraction of the fetus from the womb occurs in every abortion. Dismemberment of the fetus is the inevitable result. The evidence before the court is graphic and distasteful,” U.S. District Judge Lee Yeakel acknowledged, but nonetheless added, “But this evidence is germane only to the state’s interest in the dignity of fetal life and is weighed on the State’s side of the scale. It does not remove weight from the woman’s side. And it does not add weight to tip the balance in the state’s favor.”

“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 the constitutionally protected right of a woman to terminate a pregnancy before fetal viability,” he opined.

Planned Parenthood and the Center for Reproductive Rights had sued in July to challenge S.B. 8, a bill that prohibited dismemberment abortions, except for in the case of medical emergency.

“‘[D]ismemberment abortion’ means an abortion in which a person, with the purpose of causing the death of an unborn child, dismembers the living unborn child and extracts the unborn child one piece at a time from the uterus through the use of clamps, grasping forceps, tongs, scissors, or a similar instrument that, through the convergence of two rigid levers, slices, crushes, or grasps, or performs any combination of those actions on, a piece of the unborn child’s body to cut or rip the piece from the body,” the bill read, describing the common second-trimester abortion method.

Gov. Greg Abbott had signed the bill into law just weeks prior, poising the prohibition to go into effect on Sept. 1. However, Yeakel blocked the enforcement of the legislation in August, and on Nov. 22, he issued a permanent injunction against the abortion law.

According to Yeakel’s ruling, attorneys for the state had argued in court that the law does not block mothers from obtaining second trimester abortions because the bill does not ban the procedure when the child is killed by another method first.

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“The State responds that the Act does not render second-trimester abortions unavailable, because fetal demise can be safely achieved with one of three procedures before a physician performs a standard D&E: (1) use of a hypodermic needle to inject the drug digoxin trans-abdominally or vaginally; (2) an injection of potassium chloride directly into the fetal heart; and (3) umbilical-cord transection,” he outlined.

However, Yeakel opined that these methods are potentially unsafe for the mother and would also delay the abortion.

“[T]he court concludes that whether the court weighs the asserted state interests against the effects of the provisions or examines only the effects of the provisions, Plaintiffs have carried their burden of demonstrating that the Act creates an undue burden for a large fraction of women for whom the Act is a substantial rather than an irrelevant restriction,” he wrote.

“The court concludes the Act is an inappropriate use of the State’s regulatory power over the medical profession to bar certain medical procedures and substitute others in furtherance of the State’s legitimate interest in regulating the medical profession in order to promote respect for the life of the unborn,” Yeakel said.

Attorney General Ken Paxton has vowed to appeal the ruling to the Fifth Circuit Court of Appeals.

“A five-day trial in district court allowed us to build a record like no other in exposing the truth about the barbaric practice of dismemberment abortions. We are eager to present that extensive record before the 5th Circuit,” he said in a statement. “No just society should tolerate the tearing of living human beings to pieces. We are hopeful the 5th Circuit will respect the will of the Texas legislature by upholding Texas’ lawful authority to protect the dignity of innocent unborn children as they die.”

In his 1854 lecture at the University of Pennsylvania on criminal abortion, obstetrician Hugh Hodge declared, “[H]uman life commences at the time of conception; … the embryo and fetus therefore should be protected during its intra-uterine life as sedulously as after birth.”

“Hence, that all efforts, direct or indirect, to disturb the progress of gestation or to injure the product of conception are criminal, alike violating the laws of nature and of God,” he stated.

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  • Nidalap

    Evil abounds…

    • NCOriolesFan


  • bowie1

    A person would have to be a sociopath to perform abortions on demand or vehemently support the right to do so without a twinge of conscience. I see this complete lack of remorse in people featured in the show American Greed who rip off people including family and friends for millions of dollars. So too is there a lack of remorse of those in this dirty industry.

  • thelordlives2011

    This judge needs to be removed. He says it is alright to kill babies. I bet if it was his grandchild in the womb which was about to torn to pieces, he would not be so anxious to kill it.

    • NCOriolesFan

      I pray to be naturally removed, ie heart attack or something. Just get him off the bench.

      • Peter Stone

        May the Lord Jesus reward this judge according to his works.

  • Maxwell Edison

    The judge is a soulless monster, just like those who engage in this horrific practice.

  • NCOriolesFan

    Wow, utterly incomprehensible how he could think like that as a human being. He is a judicial terrorist to baby humans.

  • Flying Spaghetti Monster

    Good for the judge.
    Correct ruling.

    • LynnRH

      You’ll regret saying that when you meet God our Creator face to face one day.

    • Maxwell Edison

      Blatant troll. Flagged.

  • Reason2012

    The results of the left teaching in all public schools their religion that human beings are no different than rats. It just shows how we’ll deserve God’s judgment that none of us will escape from except those who turn back to God/Christ.

  • Randolph Reynoldson

    It is not a fetus, it is a human baby. Not an animal.

  • Judges who promote murder, such as in utero infanticide, would *never* be judges in a biblical government of, by, and for God, like those instituted in 17th-century Colonial America. In turn, Roe v. Wade would have never become a part of the law of the land if not for the constitutional framers sedition against Yahweh and thus His law as supreme.

    This judge and thousands like him are a direct consequence of Article 6’s Christian test ban by which mandatory biblical qualifications were also eliminated.

    My fellow Christians and Patriots, we’ve been had when it comes to the biblical compatibility of the Constitution. In turn, there are some Christian pastors and ministry leaders who need to be “hung” for their duplicity in promoting the cadre of Enlightenment and Masonic thinkers who, in 1787, replaced the 17th-century Christian Colonial governments for their own humanistic government of, by, and for the people based upon capricious man-made traditions.

    For more regarding these two polar opposite forms of government, see Chapter 3 “The Preamble: WE THE PEOPLE vs. YAHWEH” of free online book “Bible Law vs. the United States Constitution: The Christian Perspective.” Click on my name, then our website. Go to our Online Books page, click on the top entry, and scroll down to Chapter 3.

    Then find out how much you really know about the Constitution as compared to the Bible. Take our 10-question Constitution Survey in the right-hand sidebar and receive a complimentary copy of a book that examines the Constitution by the Bible.

  • BeBeX

    Have You ever heard anyone say, “We are going to have a fetus”❓ OR “We are expecting a fetus”❓OR “We’re having a fetus shower”❓ The numbskulls that run this country, set on benches, interpret the laws, or make up new ones are certainly mentally challenged…….IT’S A BABY,❗️ STUPID‼️