Texas has taken what is likely the first step in the legal challenge against its dismemberment abortion ban.
Once it was signed into law, several abortion clinics filed suit in federal court to block its implementation and obtained a temporary order to that effect from federal Judge Lee Yeakel. Texas Right to Life spokesman John Seago says during the five-day trial, Texas Attorney General Ken Paxton's team relied heavily on U.S. Supreme Court precedent in the 2007 Gonzales v. Carhart case that upheld the ban on partial-birth abortions.
"Their justification for allowing Congress and states to prohibit that procedure was because it was gruesome and inhumane," Seago explains. "And what this bill does here in Texas is that, okay, Supreme Court, let's keep following that logic and look at another practice that is gruesome and a very violent practice of dismemberment abortions."
The procedure tears the living preborn baby apart limb by limb. Still, Seago acknowledges that Judge Yeakel has ruled against Texas in previous abortion-related cases.
"We're not really holding our breath for this ruling, but as everyone has acknowledged on both sides, and even Judge Yeakel himself, he's realized that this case is at least going to New Orleans and the Fifth Circuit and possibly even up to the Supreme Court," the pro-lifer reports.
The Fifth U.S. Circuit Court of Appeals leans to the conservative side, so the hope is to uphold the law at that level based on the excruciating pain the preborn baby feels during a dismemberment abortion.