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Texas
Related: About this forumJudge temporarily blocks fetal burial rules
It is tough living in Texas at times http://www.chron.com/news/politics/texas/article/Judge-weighs-blocking-fetal-burial-rules-10798661.php
AUSTIN -- A federal judge on Thursday blocked Texas from implementing a controversial new rule requiring the burial or cremation of fetal remains following abortions or miscarriages.
In an at-times testy court hearing Thursday afternoon, U.S. District Judge Sam Sparks opted to grant a temporary restraining order against the new rules that were slated to kick in Monday, Dec. 19.
The new rules require that the remains from abortions and miscarriages be buried or cremated, regardless the length of gestation or the woman's wishes. Currently, the remains are treated as other medical waste and incinerated, buried or disposed of in a sanitary landfill or ground up and washed down a sanitary sewer.
The Center for Reproductive Rights, on behalf of several abortion providers, sued the state to block the rule, arguing that requiring health centers provide for the burial or cremation of fetal remains was intended to decrease access to abortion by driving up the cost.
The Texas Department of State Health Services has said the rule was intended as a public health measure to help prevent the spread of disease.
In an at-times testy court hearing Thursday afternoon, U.S. District Judge Sam Sparks opted to grant a temporary restraining order against the new rules that were slated to kick in Monday, Dec. 19.
The new rules require that the remains from abortions and miscarriages be buried or cremated, regardless the length of gestation or the woman's wishes. Currently, the remains are treated as other medical waste and incinerated, buried or disposed of in a sanitary landfill or ground up and washed down a sanitary sewer.
The Center for Reproductive Rights, on behalf of several abortion providers, sued the state to block the rule, arguing that requiring health centers provide for the burial or cremation of fetal remains was intended to decrease access to abortion by driving up the cost.
The Texas Department of State Health Services has said the rule was intended as a public health measure to help prevent the spread of disease.
Sam Sparks is a good judge. This will be a long fight
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Judge temporarily blocks fetal burial rules (Original Post)
Gothmog
Dec 2016
OP
LisaM
(27,794 posts)1. I'll bet when he went to law school, he never planned for that.
He must feel as if he's wandered into a Surrealist nightmare.
Gothmog
(144,919 posts)2. I fear that Sparks will be overturned by 5th Circuit
Sparks is a good judge and ruled that the Texas TRAP law was void. He was overruled by 5th Circuit and then affirmed by the SCOTUS I love the Whole Women's Health case.
Gothmog
(144,919 posts)3. The injunction was extended today