Texas officials can enforce an executive order allowing the state to stop providers from performing abortions as part of its emergency response to the coronavirus pandemic, the Fifth Circuit said Tuesday.
The “drastic and extraordinary” remedy, known as mandamus, was justified for three reasons, the court said in an opinion by Judge Stuart Kyle Duncan, a Trump appointee.
First, the district court ignored precedent that allows states to put some constitutional rights on hold in response to an emergency, the court said. Abortion is included in those rights, it said.
Second, the order was “patently wrong,” Duncan wrote. Gov. Gregg...