Team—

This week, the U.S. Court of Appeals for the Fifth Circuit became the first federal court in the country to uphold a ban on the standard method of abortion after approximately 15 weeks of pregnancy in our case in Texas.

Just last year, a panel of judges at the Fifth Circuit struck down this ban as unconstitutional. The full Fifth Circuit then took the unusual step of deciding on its own to vacate the panel decision and rehear the case in front of the full court in January, resulting in Wednesday's decision.

The Center for Reproductive Rights and our partners brought the challenge to Texas's D&E (dilation and evacuation) abortion ban in 2017 on behalf of Whole Woman's Health—which manages four health clinics in the state of Texas—along with other providers in the state. Doctors who violate the ban on the procedure will face up to two years in prison.

In response to the court's decision, Whole Woman's Health President Amy Hagstrom Miller said:

"This ban is about cutting off abortion access, and nothing else. In no other area of medicine would politicians consider preventing doctors from using a standard procedure. It should never be a crime for doctors to use their best medical judgment and follow the most current science. Texans deserve the best care available, and this law prevents that. As the six-week ban is looming, it's even more apparent that these laws are about making abortion completely inaccessible. Texas lawmakers are coming at us from both ends and will not stop until abortion is illegal."

At a time when the health care needs of Texans are greater than ever, the state should be making abortion more accessible, not less. There is no question that this decision will harm those who already face the greatest barriers to health care.

As of 2017, some 96% of Texas counties had no clinics that provided abortion care. Half the abortion clinics in Texas had already shut down after Texas passed a devastating abortion restriction—even though the Supreme Court struck it down in 2016 in Whole Woman's Health v. Hellerstedt. Most never reopened.

The Center has worked alongside Whole Woman's Health for years to fight back against attacks on reproductive rights in Texas. They are also currently the lead plaintiff in our case challenging a state law that bans abortion after just six weeks of pregnancy.

You can learn more about the critical work of Whole Woman's Health Alliance here.

We are analyzing this decision and will consider all of our legal options. With you by our side, we will keep fighting until everyone has access to safe, legal abortion care.

Sincerely,

Center for Reproductive Rights