Arguments over a Texas law requiring that health care clinics bury or cremate fetal remains from abortions and miscarriages are set for a federal appeals court in New Orleans.
A Texas judge blocked the law last year. U.S. District Judge David Ezra ruled that many clinics would be unable to meet the law’s requirements, thus creating unconstitutional obstacles for women seeking abortions. He also found that violated constitutional equal protection requirements by exempting in-vitro fertilization clinics and some laboratories.
A three-judge panel of the 5th U.S. Circuit Court of Appeals hears arguments Thursday.
The Supreme Court has upheld similar law in Indiana. But opponents of the Texas law note that the Indiana ruling case did not address the issue of whether the law created an unconstitutional burden on abortion rights.