Three appeals court judges with a history of supporting restrictions on abortion will hear arguments May 17 on whether a widely used abortion drug should remain available
The three judges of the New Orleans-based 5th U.S. Circuit Court of Appeals won’t rule immediately. Their decision, whatever it is, is also unlikely to have an immediate effect pending an expected appeal to the U.S. Supreme Court.Nominated to the court in 2007 by Republican President George W. Bush, Elrod was among several 5th Circuit judges allowing Texas to temporarily ban abortions as the coronavirus pandemic took hold in early 2020.
Elrod was in favor of decisions upholding Texas and Louisiana laws requiring doctors at abortion clinics to have admitting privileges at nearby hospitals — a move abortion rights advocates said would force some clinics to close.funding for Planned Parenthood facilities in the state, Elrod wrote the dissent.
In 2019, he wrote a 15-page grudging concurrence in a ruling that said a Mississippi abortion ban had to be struck down under then-existing court precedent. “Nothing in the text or original understanding of the Constitution establishes a right to an abortion,” he wrote.
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