NEW ORLEANS (CBSDFW.COM/AP) — The 5th Circuit Court of Appeals is preparing to hear arguments over a Texas law requiring that health care clinics bury or cremate fetal remains from abortions and miscarriages.
District Judge David Ezra blocked the law last year, ruling 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 on the appeals court in New Orleans will hear arguments Thursday.
The Supreme Court has upheld a similar law in Indiana. But opponents of the Texas law note the Indiana ruling didn’t address the issue of whether the law created an unconstitutional burden on abortion rights.
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