The ruling today against Texas’ fetal remains burial policy by U.S. District Judge David Ezra is disappointing but not surprising. The ruling today was very convoluted since on one hand the judge asserted that Texas does have a legitimate state interest in protecting and promoting preborn Life; however, he further stated that interest is not substantial enough to outweigh the abortion industry’s heckler’s veto.
District judges created a well-established pattern of striking down Pro-Life provisions, forcing Texas to turn to the appeals court for fairer treatment of Texas’ state interest in protecting and promoting fetal Life. Texas Right to Life applauds the fantastic work of Attorney General Ken Paxton and his legal team in their defense not only of this provision of Senate Bill 8 but also of the Dismemberment Abortion Ban, which is in the Fifth Circuit Court of Appeals, and other Pro-Life policies in court currently.