No decision yet on whether second-trimester abortion ban will take effect

Women dressed in clothing from The Handmaid's Tale stand in silence as abortion rights protestors gather in the Capitol rotunda to protest legislation restricting abortion procedures which eventually passed. A judge in Austin heard testimony in a hearing Tuesday morning seeking to stop a law prohibiting a common second-trimester abortion procedure from taking effect Sept. 1. less Women dressed in clothing from The Handmaid's Tale stand in silence as abortion rights protestors gather in the Capitol rotunda to protest legislation restricting abortion procedures which eventually passed. A ... more Photo: Tom Reel /San Antonio Express-News Photo: Tom Reel /San Antonio Express-News Image 1 of / 5 Caption Close No decision yet on whether second-trimester abortion ban will take effect 1 / 5 Back to Gallery

AUSTIN — A federal judge will decide by Friday whether to temporarily block the state’s ban on a common second-trimester abortion procedure. Supporters argue the measure will prevent “dismemberment” of living fetuses, but critics contend it will erode women’s access to abortions.

After a hearing Tuesday, U.S. District Court Judge Lee Yeakel of Austin said he would release a written order later in the week, before Senate Bill 8 is set to take effect Friday.

The law bars the use of dilation and evacuations abortions — in which physicians use medical instruments to remove fetal tissue — on living fetuses.

The Center for Reproductive Rights, which filed the lawsuit on behalf of health care providers statewide, says the procedure is the safest and most commonly used method after 15 weeks of pregnancy.

Restricting it would be a burden on women, argued senior council Janet Crepps, who said requiring doctors to use medication or invasive procedures to terminate the fetus before performing an abortion could result in delays or added medical risk for the mother.

The state argued the law is not a ban but is meant to end the “gruesome” practice of “dismembering” a living fetus. Attorney Darren McCarty said the law would affect only a small portion of abortions in the state because 10 percent are performed in the second trimester.

Should the judge decide to grant a temporary restraining order, blocking the law from taking effect, it’s not clear how long it would last. A trial is expected to begin later in the month. At the hearing, however, both sides indicated they have been unable to reach agreement on discovery, which could further delay court proceedings.

amorris@express-news.net