(This text is from email was originally sent out on Monday, April 13, 2020. *Old picture not from Holy Saturday, though we are aware the gates were open and cars in visitor parking lot)
A busy Holy Week for a pro-life win?!
(Elective Abortions are currently NOT legal in Texas...with one deadly exception... and a lot on the line.)
With the focus on stream lining health system materials to be able to address the serious threat of Covid-19, Gov. Abbott of Texas issued an executive order (GA 09 linked here) requiring that all elective medical procedures be stopped or postponed.
Following the recommendation US General Surgeon, Dr Adams promulgated to the nation, the Texas Executive Order clearly put a temporary halt on ALL elective procedures in order to free up Personal Protective Equipment (PPE) for Texas hospitals that have a rising concern and immediate need for the equipment used to protect themselves and to help patients during this world wide pandemic. Texas Attorney General Paxton issued a formal letter specifying elective abortions were NOT an exception to GA 09.
Planned Parenthood and other abortion businesses sought out and were granted a Temporary Restraining Order (TRO) on March 30th by Federal Judge Yeakel, who has repeatedly sided with the abortion lobby. He scheduled a hearing for the abortion groups to obtain a preliminary injunction on April 13th (but that hearing didn't happen today).
In an extraordinary measure, on March 31st, the Fifth Circuit Court of Appeals swiftly responded to Paxton's appeal and held off the TRO and so abortions could not be done (linked here) as the Fifth Circuit decided whether to grant a Writ of Mandamus.
Then April 7th, Tuesday of Holy Week, the Writ of Mandamus was issued by the Fifth Circuit Court of Appeals, with a scathing review, taking issue with the tone and content of the decision made by US District Judge Yeakel. The Writ of Mandamus instructs Judge Yeakel to remove his TRO ("directing vacatur of the TRO"). According to the Fifth Circuit, "the district court ignored the framework governing emergency public health measures like GA-09" and "failed to balanced GA's temporary burdens on abortion against its benefits in thwarting a public health crisis" and the "district court usurped the state's authority to craft emergency health measures."
Emphasizing Jacobson v Commonwealth of Massachusetts, a ruling on mandatory vaccines, Judge Duncan explained, "That settled ruled allows the state to restrict, for example, one's right to peaceably assemble, to publicly worship, to travel, and even to leave one's home...abortion is no exception."
The Writ was granted because, "given the extraordinary nature of these errors, the escalating spread of COVID-19, and the state's critical interest in protecting the public health, we find the requirements for issuing the writ satisfied" (Ref pg. 3).
Though the Fifth Circuit had left the door open for the preliminary hearing to take place, Judge Yeakel canceled the April 13th hearing.
Instead on the afternoon of April 9th, Holy Thursday, Judge Yeakel issued a Second Temporary Restraining Order, giving an exception only to the Plaintiffs and designating no preliminary hearing date to proceed to the next legal stage.
The morning of April 10th, Good Friday, Texas Attorney General Paxton submitted an appeal to the Fifth Circuit. That afternoon, the Fifth Circuit Court of Appeals issued a stay preventing elective abortions as specified in this new TRO, yet allowing abortions to be done at the specific appealing ambulatory surgical center abortion facilities for those clients that would be past the legal cut off for an abortion in Texas by April 22nd.
Basically, the only abortions currently legal in Texas are for those women whose unborn children are about to be or have reached 19 weeks old. While this exception is appalling, there are more lives being saved than what the usual law protects and the abortion industry isn't getting what they would really prefer which is early stage abortions.
Planned Parenthood and other abortion businesses have now filed an emergency appeal to the Supreme Court of the United States, specifically asking them to allow chemical abortions.
At Houston Coalition for Life, we do ask you to pray and continue to offer sacrifices within the law of Work Home Stay Safe Order. Please pray for the circumstances around this Supreme Court Case because while some of the legal choices are ironic, the details of this case could be a double-edged sword used against Texas residents later down the line. We must pray about the repercussions of whatever happens as we take a stand for pre-born babies and their mothers in a way that is legal, peaceful and prayerful.
May God give us wisdom in these trying days as abortion businesses continue to be an exception to the rule and be permitted to sell death as if it was healthcare.
And as an important side note, for all of you curious about who is supposed to be upholding the executive order that was shutting down abortions from March 22 - April 21, you can read on page 4 of the abortion activists' own TRO:
"These criminal penalties also trigger administrative enforcement provisions for the Texas Health and Human Services Commission, the Texas Medical Board, and the Texas Board of Nursing, each of which is authorized to pursue disciplinary action against licensees who violate criminal laws. See 25 Tex. Admin. Code § 139.32(b)(6), 135.24(a)(1)(F); 22 Tex. Admin. Code § 185.17(11); Tex. 0cc. Code Ann. § 164.05 1(a)(2)(B), (a)(6); 301.452(b)(3), (b)(10)."
Those who violated the order "aren't out of the woods yet". Many of you have asked about who specifically to contact as you realized abortion providers still had their gates open even as you were on your way to the grocery store. You can definitely streamline pro-life reporting (preferably with pictures) straight to a pro-life group in Austin: info@TexasAllianceforLife.org.
At Houston Coalition for Life we are still getting emails about people praying from home, and we are still getting calls from pregnant women.
Thank you to each of our volunteers who continue to pray and be a light of hope and practical help for pregnant women during this time even while we can't be on the street because of the Stay Home Work Safe Order in Harris County. Our helpline is available!
THE BIG BLUE BUS & BABY BLUE
are temporarily off the road.
Yet, staff are still following up with our current new moms
and our 24/7 hotline is open and ready
to direct more pregnant women
to safety, away from abortion and towards
Please keep all of the women we serve in your prayers!
All praise and glory to God!