Federal Judge Blocks Implementation of State's Humane Disposition Rules

Late Friday afternoon, federal Judge Sam Sparks issued a preliminary injunction to prevent the State of Texas from enforcing new rules for abortion facilities requiring the humane disposition of the bodies of babies who have died from abortion and miscarriage. Judge Sparks' opinion and order in Whole Woman's Health v. Hellerestedt is here. 

We are disappointed but not surprised by Judge Sparks' decision to prevent enforcement of the new humane disposition rules. This is a preliminary injunction, and the trial on a permanent injunction will be held sometime in the coming months. In the meantime, abortion providers can continue to treat the bodies of thousands of babies who die from abortion in disturbingly inhumane ways. Those methods include grinding and flushing the bodies down municipal sewers or discarding the remains in landfills after incineration. 

The State has announced it will appeal Friday's decision to the Fifth Circuit Court of Appeals. We believe the prospects for a favorable decision allowing the rules to be enforced are good.

While the federal courts prevent Texas and other states from banning most abortions, surely Texas should be able restore some measure of dignity to those unborn babies who die from abortion. Unborn babies should never be treated like medical waste.