Another Win Against Planned Parenthood in the Eighth Circuit Halting Elective Abortions During this Pandemic | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion

Verified

Win: Eighth Circuit Halts Elective Abortions During Pandemic

By Christina Stierhoff1587653491473

This week two circuit courts have made it clear that elective abortion is not an absolute right. Yesterday, the Eighth Circuit Court of Appeals ordered the district court to vacate most of its TRO that excluded elective abortions from Arkansas’s emergency measures that prohibited elective procedures to preserve personal protective equipment (“PPE”) for healthcare workers combatting the COVID-19 pandemic.

Just two days ago, we announced Texas’s victory in the Fifth Circuit Court of Appeals, where the Court agreed with the ACLJ’s emergency amicus brief and the argument that most elective abortions are not an exception to a State’s right to emergency police powers that curb individual rights during a pandemic.

That same day Arkansas had appealed the district court’s Temporary Restraining Order (“TRO”) that prohibited the State’s emergency measures from applying to elective abortions. The ACLJ filed an emergency amicus brief in support of Arkansas’s police powers that protect its citizens against this deadly virus, and argued that “[t]he right to abortion is no exception,” per the Fifth Circuit holding.

Now, the Eighth Circuit has quoted the Fifth Circuit decision in support of Arkansas and held that “[t]he bottom line is this: when faced with a society-threatening epidemic, a state may implement emergency measures that curtail constitutional rights so long as the measures have at least some ‘real or substantial relation’ to the public health crisis and are not ‘beyond all question, a plain, palpable invasion of rights secured by the fundamental law.’”

Not only did the Eighth Circuit agree with the ACLJ’s argument and the Fifth Circuit’s decision, but they went as far as to chastise the district court for “commit[ing] clear abuses of discretion and, further, usurped the functions of the state government by second-guessing the State's policy choices in responding to the COVID-19 pandemic.” The Court issued Arkansas a Writ of Mandamus and ordered the district court to dissolve the TRO.

These pro-life victories are a small step in disaffirming a “right” to kill an unborn child! We are thankful that these judicial leaders are taking a stand.

The precedent is clear–– your lives and safety come first, despite what Planned Parenthood argues. Abortion is not an exception to the emergency measures set in place to protect all U.S. citizens from this pandemic.

We are watching for Planned Parenthood to appeal these cases to the Supreme Court because they will stop at nothing to further their mission of killing innocent babies. The ACLJ is ready, and we will fight back.

Thank you for your encouragement in this ongoing battle. We are only as strong as the people supporting us, and every signature on the petition below strengthens our chances in this fight.

Shut Down Planned Parenthood’s Abortions

Pro Life  Signatures

LOGIN

Receive the latest news, updates, and contribution opportunities from ACLJ.

$20
$40
$60
$120
$240
Make this a monthly tax-deductible gift.

As we battle to shut down Planned Parenthood and stop abortion, we urgently need your support. Donate Today.

Email Address is required.
First Name is required.
Last Name is required.
Credit Card Number is required.
Verification Code is required.
Expiration Month is required.
Expiration Year is required.
Receive the latest news, updates, and contribution opportunities from ACLJ.
Encourage your friends to sign and donate by sharing this petition.
Latest in
Pro Life

ACLJ Files Brief Defending Conscience Rights of Health Care Workers

By Laura Hernandez1590757200000

Earlier this week, the ACLJ filed an amicus brief with the Court of Appeals for the Second Circuit defending the Department of Health and Human Services’ new Rule “Protecting Statutory Conscience Rights in Health Care.” We had previously filed formal legal comments in support of the new rule. This...

read more

Conscience Protections Must Not be Violated

By Francis J. Manion1590592911547

Throughout the current pandemic we’ve been hearing about the tireless efforts of health care workers striving to save lives in sometimes hellish situations, exposing themselves to deadly disease with, all too often, tragic consequences. We’ve seen images of nurses walking through gauntlets of...

read more

Planned Parenthood Takes $80 Million Meant for Small Businesses

By Jordan Sekulow1590082490105

Planned Parenthood was just caught in the act. Again. This time, it is being revealed that at least 37 of Planned Parenthood’s 49 affiliates unlawfully obtained a total of approximately $80 million from the Paycheck Protection Program (PPP) – taxpayer funds that were meant to go to small businesses...

read more

U.S. House Passes Pelosi’s $3 TRILLION Leftist Wish List

By Harry G. Hutchison1589985876585

As we have previously warned you , Speaker Pelosi and the radical pro-abortion Left are trying to shoehorn more funding for abortion and other items into the next relief bill. This bill has very little to do with the Coronavirus pandemic and much to do with the Left’s tyrannical pursuit of power as...

read more