AUSTIN, Texas (CBSDFW.COM/AP) — A federal appeals court has sided with Texas and allowed the state to ban most abortions while under an emergency order limiting non-essential surgeries during the coronavirus pandemic.

A panel of judges at the New Orleans-based Fifth Circuit Court of Appeals on Tuesday overturned a decision by a lower court that blocked the order.

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The new ruling allows the ban to stay in place. Texas Republican Gov. Greg Abbott last month ordered hospitals to cancel “non-essential” surgeries to preserve space and supplies for coronavirus patients and doctors.

Abortion groups, including Planned Parenthood sued to remove the procedure from the ban.

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The federal lawsuit is among the most high-profile challenges to a government response to the coronavirus pandemic.

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