Governor Greg Abbott has used the proposed rule to cremate and bury aborted fetuses as a great excuse for fundraising.
The lawyers who fought Texas all the way to the U.S. Supreme Court over its restrictive abortion laws are suggesting state health officials take another gander at the high court’s ruling that struck them down. They aren’t too sure Texas paid much attention to the ruling, evidenced by the new abortion regulations health officials quietly proposed shortly after losing the Supreme Court case.
State officials announced in the obscure Texas Register that they wanted to start mandating the cremation or burial of aborted or miscarried fetuses — an idea that came just four days after Texas lost Whole Women’s Health v. Hellerstedt. The 5-3 Supreme Court decision prevented the state from implementing restrictive abortion regulations that were expected to shutter all but nine abortion clinics in Texas.
This week, lawyers for the Center For Reproductive Rights — which fought Texas in court — wrote in a letter to the state that these proposed rules will “almost certainly trigger costly litigation for Texas.” The lawyers’ argument mirrors the same one they used to fight Texas in the Supreme Court.